The Lampeter Corpus of Early Modern English Tracts

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• 2. To the Worshipfull Alderman Abell, and the rest of the Contractors.

[...]

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

To contend with men that deny their owne publike Acts, is a hard taske; yet for better manifestation of truth to the Honourable House of Commons, its necessary that somewhat more be said, touching the WineProiect.

IT hath been already set forth, and plainely shewed, even by the orders of Vintners Hall. That the retailing Vintners of London contrived that Project at their common Hall in November, 1637.

That they prosecuted it, and petitioned for it; [Page 4] And as it appears by the Project it selfe, that none but the Vintners could have contrived it. So the truth is, the covetousnesse of the Vintners, with their desire to Monopolize the sole retailing of Wines, and their pride and malice to the Coopers put them upon it.

Their covetousnesse; For they propounded, and would have no lesse then 4.l. a Tunne on all French, and 8.l. on Spanish Wines, to pay the King 40.s. restitution of 6000.l. liberty to dresse meat, sell Sugar, Beere, and Tobacco: restraint of Wines Licenses in or neere the Citie, inlargement of their Charter, and other great benefits: and all this forbare 40.s. a Tun to the King.

Their pride and malice to the Coopers. They would not have a Cooper to live, but as their servant, the poore Coopers must not sell a rundlet of Wine, they must be suppressed, to advance their Lords & Masters, the London Vintners, that so they might Monopolize to themselves the retaile of Wines both in Citie and Country. That was the Vintners end by this Project, for by it they tied up the Marchant from selling to Coopers or Countrey Vintners.

And albeit the truth of these particulars appeares clearely by the Project it selfe, and the Vintners orders: yet the Vintners are not ashamed to affirme, and that in Print too, in the front of their untrue relation,

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First, that the generalitie of Retailers disliked this Project.

Secondly, that whatsoever they did in it, was by compulsion.

Thirdly, that they received great and insupportable losse by it.

What truth is in these men? Doth it not plainly appeare by their owne Order of the 22. of November, 1637. That the generality of Retailers contrived it at their Hall, and have they not all taken the benefit of it, viz. a penny and two pence in the quart?

Is it then to be beleeved that they disliked it?

And what can be more manifest, then that it was the designe and worke of the generality. For the whole Comittee could not, much lesse could Alderman Abel, or any particular man, conclude any thing in it without the consent and direction of the generalitie, as appears fully by the Orders of the sixt, the 22. and the 27. of November, 1637.

The Comittee was from time to time to give account of their proceedings to the Generalitie, and were so limited by the orders of the generality.

Doth it not appeare by their foresaid Order of the 27. of November, that they petitioned for it.

Did they not ratifie and confirme it at a gene [Page 6] rall Court, as by their Order of the seventh of February 1637. and by eight subsequent Orders made at their common Hall?

How vaine then is their pretence of threats, or compulsion.

As to the third, That they received great, and almost insupportable losse by it.

Doe not all men know that from February 1637. to December 1640. the Vintners have taken on all French Wines 4.l. a Tun, and from February 1637. to this day, being above three yeares and an halfe, on Spanish Wines 8. pound and 12. pound a Tunne, above the set price, and not paid the 40. shillings to the King, one full yeare and halfe.

All these excessive gaines they have exacted by colour of this their Project.

Ought they not then to bee ashamed to set forth in Print, that they have received great, and insupportable losse by it?

But what falshood will not these Vintners affirme for truth, and what truth will they not deny and outface, who say, they have great losse by this Project, when their gaine is so notorious, and deny their owne Orders which they made at their common Hall?

Their Orders which they would now denie, have been severall times proved at the Comittee, and out of those their owne Orders (against which no modest or honest men would contend) [Page 7] they have upon tenne severall hearings, beene foure times voted by the Comittee, to bee the Contrivers and Prosecutors of this Project, and Delinquents, and they have been twice so voted by the whole house Commons in these words.

Die Mercurij 21. Iulij 1641.

Resolved upon the Question.

THat the Company of Vintners by their owne offer of 40. shillings per Tunne upon Wines to his Majestie, and demands of libertie to raise a penny per Quart upon French, and two pence a Quart upon Spanish Wines, and prosecuting the businesse, as appeareth by their own Orders, are Contrivers of the said unlawfull Impositions, and are Delinquents.

Resolved upon the Question.

THat all those Vintners that were parties to the Indentures, Sharers and Contrivers of the said Imposition of 40. shillings per Tunne, and one penny per Quart are Delinquents, and [Page 8] ought to give satisfaction to the Common-wealth.

In these Votes there can bee no error: For it appeares clearly by the Vintners Booke of Orders of their Hall, That they offerd the 40. shillings a Tunne, and demanded libertie to raise a penny, and two pence a quart, and prosecuted the businesse; An infallible proofe against them, in which there can be no corruption, and against which no exception can be taken; their owne Booke condemnes them.

And the Vintners and seven Counsellors for them were heard by the Comittee, above tenne severall daies with much patience; and upon the testimony of their owne booke of Orders they were on the 17. of Iune, 1641. Voted by the Comittee to be the Projectors, Contrivers and Prosecutors of the said Project, and Delinquents; and that Uote was foure times confirmed by the Comittee.

These Uotes standing good against the Uintners, as they are most iust, Master Kilvert is much comforted in a strong Faith, That he shall shew just cause to the Honourable House of Comons to alter their Uotes against him.

First, in regard that since that Uote against him, he hath made a materiall part of the truth to appeare, which then he could not so cleerely manifest.

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Secondly, for that he is ready now to make the whole truth of the business, fully and clearly to appeare, both touching the creation and execution thereof. And in truth, it is another thing then it appeared to the Comittee to be, when he was Uoted.

The part of the truth, which he hath already made to appeare, is:

That the retailing Vintners contrived this Project amongst themselves, at their common Hall, in November, 1637. Petitioned for it, and prosecuted it.

That which he is now ready to prove, is

First, that he was not present at, or privie to, the framing or contriving of the said Project; nor came, or sate amongst the Vintners in their Assembles at their Hall, or elsewhere, untill they had contrived, and concluded upon the said Project, and that the chiefe Vintners present at those meetings, have often acknowledged asmuch.

Secondly, That a principall witnesse examined against him, when he was voted by the Comittee, hath since his examination acknowledged (as the truth is) that hee was mistaken in the maine point of his testimony.

Thirdly, that all those that testified against him, when he was Voted by the Comittee are parties to the Project, and Delinquents; viz.

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Parties to the Originall contriving the Project. Parties to the indentures of creation, of the Project: And

Parties that tooke benefit by the Project.

So that they all spoke in excuse of themselves.

These particulars he could not so fully prove before the Vote, being much streightned in time by Master Hearne, of Counsell for Alderman Abell, who spent almost two daies in recrimination of Master Kilvert, against truth, and the direction of his clyent, and left not Kilvert two houres for his defence.

And fithence these particulars are so materiall, and necessary to master Kilverts just defence, he cannot doubt of the goodnesse of the House of Commons (so great lovers of truth) that they will be pleased to admit him to prove the truth.

Lastly, touching the Execution, It appeares fully by a Letter written, and sent to Alderman Abel and master Rowland Wilson, by George Griffith, and confessed by Griffith before the Comittee, that the said Griffith projected and designed the manner of Execution of this Project, and he accordingly put it in Execution, and had 200. pound a yeare Fee for the same.

The Letter and Instruction follow in these very words.

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Table of contents

• TO THE RIGHT HONORABLE THE Council of State.

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

IT hath been a thing for many years generally received, That the Design of Spain (and which, to this daie, hee still in his Councils carrie's on) is, to get the Universal Monarchie of Christendom. Nor is it a thing less true (how little soëver observed) that our Neighbors [the Dutch] (after they had settled their Libertie, and been a while encouraged by Prosperitie) have, likewise, for som years, aimed to laie a foundation to themselvs for ingrossing the Universal Trade, not onely of Christendom, but indeed, of the greater part of the known world; that so they might poiz the Affairs of any other State about them, and [Page 2] make their own Considerable, if not by the Largeness of their Countrie; yet, however, by the Greatness of their VVealth; and by their potencie at Sea, in strength and multitude of Shipping.

For the clear and certain carrying on of which, there beeing none (that was) like to bee so great a Bar to them, in this their Aim, as theEnglish Nation; nor any that laie so conveniently to keep up a Proportion of Trade with them: It concerned them, therefore, by all means and waies possible to discourage and beat out the English in all places of Trade, as far (at least) as was discreet for them, without too much Alaruming them; or having too early or hastie a Breach with them.

Their particular Practices to which purpose in the East-Indies, at Guiny, Greenland, Russia, with the several unfair Carriages (of som among them) to us, in those places; and even in our own Seas, is not intended to bee here mentioned: It sufficeth, that these following Advantages they had clearly gotten above us:

• 1. In the great Trade they did drive to East-land, and to the Baltick Sea; for Masts, Timber, Hemp, Pitch, Tar, Copper, Iron, Salt-peter, all sorts of Grain, Pot-ashes, &c. the like most necessarie Commodities.
• 2. In their Herring-fishing; imploying yearly upon the Coast of this Land onely, above 2000 Sail of great Vessels, or Shipping.
• 3. In the preserving and advancing their Manufactures; their Cloathing Trade of late arising and increasing (as it is judged) to above 60000 Cloths yearly.
• 4. In their East-India Trade; and by it, Monopolizing three sorts of Spices almost to the whole world; as, Cloves, Nuts, and Mace, and lately much Cinnamon.

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The means whereby they have pursued and upheld these Advantages, were

By the great number of Shipping they have constantly built; and by the manner of managing their Trade and Shipping, in a conformitie and direction to their Grand End:

For,

• 1. Few Merchant's Ships among the Hollanders were ships of much Defence, unless these going to India; and so they were neither at so great a charge of Guns in building them; nor did carrie a proportion of men, or victual (in setting them out) near, or answerable to English Shipping of the same Burthen.
• 2. Several Trades they did drive in Fleets, with great Flutes, or Vessels, having never a Gun at all in them, nor more men then would possibly sail them, as most of their East-land Trade, their Herring-Buss Trade, and their Salt Trade, which were driven after this manner.
• 3. Those their Fleets were, and have been alwaies carefully and constantly attended with a Convoy at the Publick charge; and which was alway ready beforehand, and had their directions given them not from the State, but from the several Admiralties; whereby they were held to their Dutie, and strictly tied up to that service.
• 4. Much of the Trade which they did drive to the south-ward (not in Fleets, nor with Convoy, but in single shipping) they would often ensure in England; so that when loss came, it was wee somtimes that bare it, and our stock that was lessened and diminished by it.

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By all which means,

• 1. They did engross the whole Trade of all Bulkie Commodities (to themselvs singly), as Timber, Clap-board, Masts, Grain, Salt, &c.
• 2. And were, in som Commodities, able to go as cheap again for Freight, as wee: in som, half as cheap; and near in all, a full third penie cheaper then wee.

VVhich Cheapness of Freight produced again other great Advantages to themselvs; For

• 1. In som Commodities it was above 20 in the Hundred gain; in som 15; in others 10; and near 4 or 5 per Cent. in most; (which was a years Interest with them) And by which,
• 2. They were sure to get the preference of the Market of us in other Countries, and if occasion were, to under-sel us also as much per Cent. in all places, and upon all Trades; yea, somtimes in our own Commodities: And this together with an easie pretence of the unsafetie of our English shipping through our late Troubles.
• 3. Compelled our Nation (that wee might maintein a Stock going with them) to hire and freight the Holland shipping, without which, indeed, wee could not well have held up a Trade here with them, either out or home: VVhich beeing once begun by som, was immediately (by reason of the Advantage of it) followed by as many others as could: But This (though a good and beneficial expedient for the particular Merchant) begat notwithstanding several very great mischiefs to this Nation in general:

For,

• 1. By this wee encouraged the building more and more [Page 5] of our Neighbors Shipping, and discouraged our own; which hereupon were laid up by the walls in great numbers.
• 2. VVee encreased (by this) their great Trade for the Baltick Sea, and East-land, and gave them still the greater opportunitie to make themselvs the Mart and Masters over us, of all Commodities belonging to the building or furnishing of Shipping, whereby their Trade still came home in a Circle; they (like wise men) laying such a Cours, as one part of it strengthened another.
• 3. VVee dis-obliged and discontented our own people and sea-men, and insensibly weakned the strength and defence of this Nation: For by this cours, wee must at length have been reduced to have hired their Marriners, when wee come to set out our Men of War: nor was it possible (had it held) to have prevented it.
• 4. They, by this means, carried away much unnecessarie Treasure out of this Nation, taken for Freights; and so insensibly impoverished also this Countrie; our monie occasioning a Luxe to their people, while our own Seamen starved at home for meer want, and through lack of imploiment.
• 5. And as the Cheapness of their Freight enabled them to under-sell us abroad, in many Commodities carried to forreign Markets by them, & by us, to sell: So it enabled them equally to over-bid us abroad for the Forreign Commodities, which they and wee bought, and to rais the price of them upon us, which while they had libertie to bring in hither, they either prevented our Merchant of the first of the Market, and then made us paie Sauce for them: or, if not, they carried them into their Countrie: or here watched the opportunitie of another seasonable vent of them. And thus they served us, as for all our Norwey, East-land, and Russia Commodities; so also lately in our VVines, Fruits, Oils, Cur [Page 6] rans, &c. which were the Commodities of Spain, Canaries, and the Streights: By both these means (viz. by discouraging and beating us down abroad in the selling of som Commodities; and by raising and enhaunsing us abroad in the price, or buying up of others) concluding with themselvs, to wearie us out at length from all Trade, and to have the sole buying and selling of all Commodities for us.

For this method and manner of managing their affairs, daily adding to their stock; and answerably diminishing the Stock and Treasure of this Nation: and by laying it so, as it run thus in a Circle, each part of it (as wee said) strengthning another part: it would unavoidably have tended to a greater and greater disenabling us to hold anie Trade with them: and to have made themselvs, for Wealth and Shipping, the Masters over us: A sufficient testimonie of which (over and above what wee have said also) wee might further see in the actual progress that they had gained upon us in our Shipping.

For,

• 1. In our Trade of East-land, whereas wee did use formerly to send thither 200 Sail of Shipping in a year, wee now did not send 16 Sail: The Hollanders in the mean time employing not less then 600 Sail thither; [Note: - >] and whereby (had not a good Providence crossed or hindered a strict Alliance and Conjunction between som of those Eastern States and them) wee must soon have given them their Price, and been at their disposing for all Commodities belonging to Shipping: and then it had been too great an hazard for us (by anie Law made here) to have recovered our Trade from them.
• 2. In our Plantations they had three, if not four Sail of Ships, for our one: whereas they never suffered us so [Page 7] much as to Trade at all in any place or Plantation settled by them.
• 3. In India they have 20 Sail, and above, for our one.
• 4. At Spain, Canaries, Zant, with several other places in the Streights, where they formerly rarely laded hither one ship of Goods; they now lately laded hither more then wee.

And thus, in the waie and manner of the managing the Trade in thier shipping, laie much of their vigilancie to gain their advantage and design upon us.

A second Cours (therefore) whereby they do and have upheld their advantages above us, is, The greatness of the Stock they emploie, which (as wee now intimated) was more and more increased by the wisdom of this their Method in Shipping: And which, on the other side, as it did encreas and grow great, did enable them the more to give the Laws of Trade to us, both in the Government of the Exchange, and of the Markets abroad for Forreign Commodities.

A third Cours is for the gaining and upholding their Advantages of us, was, The singular and prudent care they took in preserving the Credit of most of those Commodities which are their own proper Manufactures; By which they keep up the Repute and Sale of them abroad; taking hereby a very great advantage of the contrarie Neglect in us; and by this means, likewise, very much damnifying and spoiling us.

Which that wee may clearly see of what Import this one thing alone is to us, wee shall here set down certain general Canons, or Rules, belonging to Manufactures.

• 1. That although Divine Providence, in the greatness of his Wisdom, hath placed natural commodities, som here, som there; yet no Manufacture or artificial commoditie, but may possibly bee had or transplanted into anie Countrie.
• 2. That all Manufactures (especially such as are of Necessitie) if they are of a certain goodness, They are (like Coin) of a certain value and price also; and so on the contrarie. If of an uncertain goodness, They, &c.
• 3. That two persons selling or making commodities of a like goodness, hee shall have the preference of the Market, that will sell them the cheapest. And so two Nations likewise.
• 4. That the cheapness of Manufactures, and artificial commodities, doth altogether depend upon the plentie and cheapness of the matter, and upon the like cheapness of price, for Handie-labor.

And these (though few) beeing unalterable Laws in all Manufactures, it cannot but bee acknowledged, that it is through our want of the like Care, as our Neighbors, and onely through that, that the Hollander hath anie kinde of Woollen Manufacture:

It is not our Neighbor's singular Industrie above us, or a power they have to work cheaper then us; so much as [Page 9] it is the Carelesness of this Nation, in keeping our Manufactures to their due contents, weight, and goodness. Their Neglect in settling a Regulation, Government, and Superspection over them, and in Inflicting due and just punishments for the fals-making of them. That is (humbly conceived to bee) the Caus of the so great thriving of our Neighbor's Cloathing, and of the so great Ruine and Decaie (on the contrarie) of our own Woollen Manufactures, and of the people depending upon them.

A fourth Cours taken by our Neighbors, Is, the Improvements of Trade that they have made by their Treaties or Articles of Confederations with other Princes; and by making this their Care and Protection of Trade abroad in all places their Interest of State. Thus taking hold of the Juncture of Circumstances, and making use of the Necessitie of the King of Denmark, they have farmed the Sound of him: Thus also at the Treatie of Munster have they reserved a power of shutting us out of the Scheld, and have carefully in that Peace concluded on several other Articles and Provisions in order to the securing and promoting of their Traffick. And thus &c.

A fifth Cours (and not the least means for the upholding and encreasing their Trade) Is, The smalness of their Custom, or Port-duties; also their prudent laying on and taking off Impositions, for the furtherance of their own Manufactures, and for the Incouragement of bringing in som, and Discouragement of bringing in other Commodities; and of which they have given us two ill Instances, The one in laying on a great Tax upon our English Cloths and Manufactures; The other in forbidding our Cloths wholly to bee imported, if drest or died in the Cloth; of both which wee have had som caus to complain long, as beeing plainly an Inhibition of Commerce, and if not strictly against the Laws of Nations; yet [Page 10] at least against the Cours of Amitie, Alliance, and Friendship.

A sixt way hath been, The Constant Reward and Incouragement given to persons bringing in Inventions; making of new Discoveries, and propounding things profitable for publick and common interest: which (how little a thing soëver it may seem to som, yet it hath ever been, and is constantly, a very great spur to Industrie.

And these are humbly asserted to bee the principal Causes of their so much greatness and flourishing in Trade above us.

Other Causes that have been less principal and accessarie to these, are,

• 1. The Easiness or Lowness of Interest in that Countrie.
• 2 The great facilitating of their Trade by a Bank.
• 3. And last of all (the onely thing proper to them) the dearness and scarcitie of Land: and the dividing their Estates equally to their children: whereby Trade is (as it were) continued in a Line without Interruption; the contrarie beeing customarie with us.

Animadversion.

All which Discours beeing onely an Evidence given in from matter of known fact; It will (as is humbly conceived) manifest it self.

• I.
  That our Neighbors have no such extraordinarie advantage in matter of Trade, either through their Countrie, its Situation, or otherwise, as is proper or peculiar to them only, beyond all other Nations, (as hath been long the opi [Page 11] nion of som) but it is the manner of their Care; and of the Government that is among them, and the meer vigilancie over Trade, that is observed by them:

  For,
  If the Nature of those Courses, which they have taken and pursued for the Incouragement of Trade, bee looked into and considered (as they are obvious to any other that will pleas to heed them) it cannot bee imagined but they shall make any people great, rich and flourishing in Trade, that useth them; and therefore that they will do the like in anie other place as well as in Holland, if put in execution, especially, if it bee a place, as this of ours is, seated for Trade, and the people of the Countrie apt for it.

• II.
  It is presumed, That our Neighbors would not think it just, if wee should condemn them, meerly for the taking these good Courses for themselvs; or becaus they have given all Incouragements that were requisite to their Trade in their own Countrie: Much less then would they exspect, that wee should actually impute these things as Crimes to them, or ground hence anie occasion to Estrange our selvs, or make a Breach with them: Nor will our neighbors therefore (as it is hoped) take it more ill from us, if wee (having now likewise recovered our Liberties) see the Necessitie of providing for the Defence of this Common-wealth by Shipping (as beeing Islanders); or if wee take up som of the like Courses as They, for the Incouragement of Trade among us: VVithout which, indeed, Shipping can neither bee had, or mainteined; which now also to neglect, were a very great Carelesness, and would, indeed, bee rather a Reproach to us then otherwise; having been so well taught, even by their own Example and Practice, That [Page 12]
  • 1. It is by Trade, and the due ordering and governing of it, and by no other means, that Wealth and Shipping can either bee encreased, or upheld; and consequently by no other, that the power of any Nation can bee susteined by Land, or by Sea: It beeing not possible (as is humblie thought) according to the Cours of humane affairs, for anie Nation (having no Mines to supplie it self) to make it self powerful in either of these (that is, either Monie, or Shipping) without Trade, or a thorow Inspection into Trade, and the Cours of it.
  • 2. That it is by a Knowledg of Trade and Commerce, and the Cours of it, that one Nation or State know's perfectly how to straighten and pinch another, and to compel a Compliance from them, which may bee, either
    By debarring or deriving the Cours of som necessarie Commodities from them; as for War, for Shipping, for Food, &c. Or
    By obstructing the Sale or Vent of the Native Commodities belonging to them: Or
    By weakening them in their Shipping, and dreyning them by degrees of their Treasure and Coin.

By any of which Courses, if not spied, or (when spied, if) not able to bee prevented, a People or Nation must at length bee straightned and subjected: And every one of which Inconveniencies wee were very manifestly liable unto (as appear's by the foregoing Narrative) through the Advantages our Neighbors had over us, and through the Wisdom of those Courses they had laid in their Trade with us: VVe beeing so near pinched, that it had been very hard, fairly to have wrested our selvs out of the Nets of our Neighbors, had Sweden been as much shut to us, as Denmark; and that the King of Poland likewise could have exercised his Arbitrarie Power on us at Dantzick: [Page 13] And had not (at length) that Cours about our Shipping and Navigation been so happily and timely established by the Parlament; which, as the Necessitie of it could not suddenly bee so well judged of by those that had not considered or been acquainted with the substance of the foregoing Relation: So certainly, beeing laid upon so equal and Necessarie Grounds, if continued to bee exercised, It will bee a means, in som measure, to recover us.

For, besides what wee said of the Constraint, that for the foregoing causes, laie upon us, It must even, from the Primitive grounds of Reason, bee acknowledged, That a Common-wealth cannot bee enriched, nor the People thereof provided for, by any other means, then by reducing those very Courses into general Practice, which are used by Private men to that purpose. And Therefore as Private men, that buie and sell to sute the Conveniencies of others, as well as themselvs, do Constantly observ these, or the like Rules:

• 1. To buie at the first or best hand, or there, where they may have the Commoditie cheapest.
  Answerable to which, Is,
  To fetch Commodities at the immediate places of their Production or Growth, or as near as conveniently may bee.
• 2. To carrie Commodities to places where they are most needed.
  Answerable to which, Is,
  To send all Commodities Native or other to their farthest, or utmost Market, where they are probable to yield the greatest price, and have the quickest sale.

So these Canons and Rules must bee as inviolably observed also by any Nation who will pretend an Interest, [Page 14] hope, or benefit from Trade: otherwise they may just bee reproved of less Care and Knowledg, then common or ordinarie Shop-keepers. Which Rules, notwithstanding, are not to bee pursued by any State, nor can bee imitated by any Common-wealth, without giving all the possible Indulgence and Incouragement, that may bee, to their Shipping.

And this whole state of things, and these reasons that have been produced, beeing therefore all of them duly and equally considered, It is hoped, little will remain of Dis-satisfaction (or Objection upon us) about the Parlament's late Act for the Incouragement, and Increas of our Navigation; Which was, indeed, the Thing principally propounded to bee here Argued, and the Censure of which is therefore freely Submitted.

FINIS. [...] [Page [i]] [Page [iii]]

Table of contents

• The heads of this Ensuing Discourse concerning Abatement of Interest, are these:
• The PREFACE.

• 1. Propos. 1. It will supply his Majesties present wants, Even by a Land Tax, if better Expedients be not offered, which both the Landlord and Tenant may afford once more to admit, being eased and recompensed another way. The Usurer (who could never yet be taxed to any purpose, in effect, contributing equally with him.
• 2. II. It will in a short time double, if not treble, the yearly fruit and product of our Lands (the only solid Basis of our Wealth and Trade) by enabling, encouraging, and even enforcing Improvements of all kinds, whereby we may afford to undersel our Neighbours, who now undersell us.
• 3. III. It will revive our dying Manufacture, by making the Stock of it cheap, and the Market quick.
• 4. IV. It will plentifully relieve our Poor, by setting all our heads and hands on VVork, in the Countries for Improvement of Land, In Cities and Towns, by the way of Manufacture and Trade.
• 5. V. It only can prevent the fatal Destruction of our Timber.
• 6. VI. It will pay the Debts of the whole Gentry by timely Sales, And yet leave them [one with another] better Estates, than now they have.
• 7. VII. It will make Money so easie to be borrowed, That even the Lender must shortly pay the Broker and Conveyancer, 1 By dimishing the Number Of Borrowers. 2 By clearing Incumbrances Of Borrowers. 3 By enlarging the Security Of Borrowers.
• 8. VIII. It only can Re-build London, Profitablie as to the Builder, speedilie as to the Publick.
• 9. IX. Propos. It will inviolably Establish the Crown of England, 1. By Advancement of all his Majesties Revenues, 2. By the welfare of all Majesties Subjects, 3. By making Land, (which is in safe hands) the Overballancing Scale of Wealth and Power.

• POSTSCRIPT To the READER

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

HAving lately seen a Pamphlet under the Title of The Mystery of the New-fashioned Goldsmiths or Bankers, &c. I presently conjectured what I found it to be in the Reading; A prosecution of the design managed of late by so many clandestine whisperings of Jealousie into the Ears of unwary People, and the spreading of false and scandalous Reports, to bring that Breach upon the Credit of this famous City, (and by consequence upon the whole Kingdom) which so many of all degrees and professions have already felt no little of the evil of: The restless Spirit of this Author thinking scorn to reflect upon the most convincing guilt cast upon him by the many Ruines which his past Artifices have wrought, but as if he made it a sport to do mischief, pursues his project by a new device. Thus he endeavours by this pretended Letter to confirm those surmises with a shew of Reason, which he first attempted by rumor and surprize upon the minds of the People; well know [Page 2] ing that false and foolish arguings are then most like to bear a better appearance to them, when by fraud and practise their fears and jealosies are alarm'd, and (by the venomous effect thereof) they stand confounded and prejudiced in their understandings and judgments.

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

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

That it would reflect too much imputation of Levity upon a thirty years observer and discoverer of Mysteries to tell such a long and studied Story to a Country Gentleman, upon the single occasion of his Sons disposal to a Trade, it being of all things most ridiculous in a man that would be had in reputation for wisdom, to shew himself disagreeable in his Discourses, to the nature of the subject whereof he treats. Nor will I so far prejudge his Charity to the Bankers, as that out of [Page 3] any private Pique or Disgust to the persons of them or any of them, he would lay about him as he doth, with a zeal so passionate and implacable.

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

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

A good and laudable end I would willingly have found in the drift of this Paper, that however I am satisfied, the effect of what our Author hath done is mischievous, yet I might (as one who knowes that in many things we offend all) have retained a favourable esteem of his honest inclinations: But herein I can in no wise reconcile my Reason to any of the Rules of Charity. For it is generally the happiness of a good Purpose to be reduced in all its pursuits to honest Mediums in what it aims at; and it is in truth a Contradiction to the Laws of Property, to do evil that good may come on't. Had our Author design'd sincerely, he would have looked as well to give some tollerable Proof of what he recriminates the Bankers with, as to accuse them; and not only here and there one, but all of them. Nor doth the time of emitting this Paper, favour less of a Peaceable intention: Was there never a time nor occasion offered these thirty years, before this Gentleman's Son was to come Apprentice, to represent these Errors of the Goldsmiths (if they have been guilty of them) to the World? For what season then is it calculated? But to follow on the Victory which false Report, wheedling insinuations into the minds of simple and inconsiderate People, hath obtained against the Bankers Credit without cause: When the Minds of Men are so startled by this means, that no man can be trusted though of never so good Estate; and when for this cause, many Merchants and others of considerable Substance, for want of the ordinary supplies of Mony, are like to suffer in their Reputation both here and beyond the Seas; no punctual payments to be made in the course of Trade, as was wont to be; numerous Bills of Exchange returned with Protest for non-payment; Clothiers and [Page 4] other Tradesmen forced to keep their Commodities on their hands, because the Merchant can neither get in his own Money, nor raise any upon Credit; consequently Fraughts of our Shipping on a suddain much fallen, and few to be had. One would think the sight of these Calamites should make a wise & good Man defer the prosecution of a thing, never so much unfit in his private judgment, rather then pursue it in the sight of such woful accidents: It hath ever been the principal Wisdom of Discreet and Wise Men, even in the Seat of Government, not to be over hasty in breaking inconvenient Customs once rooted by Time and Use, for fear such Alterations might bring great Disadvantages upon the People; but to do it by a certain gradation, that the good of the remove might appear through all the accidental Discommodities of such a change; how much more should our Author in the Point in hand, have considered this Principle before he thus laid about him without fear or wit.

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

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

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

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

Secondly, If this confident accusing of them, be more then he hath grounds for, how vile and inhumane is it to reflect at such a rate upon [Page 5] Men, in a thing wherein not only their honesty is taxed; but their chiefest Interests lie obnoxious to danger. And

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

But it may be you will recollect your self, and think fit to write a Letter against the Profession of a Merchant too (excepting some of your own fashion) and when you have got him under the Foot of your Pride and Folly, as you hope shortly to have all the Bankers; we shall be brought into a fine World indeed. Nor so I ought to the contrary, but that they may well defend themselves in what you make the matter of their condemnation; more especially, in that of being Instruments of raising the value of our old Gold. Pray Sir, What made the Merchants so forward to Transport it, but that Profit was to be made of it beyond the Sea? and if so, what likelier way to keep it at home, than by advancing its Price here. And if it was sent away when the Rate was raised, would it not much more have been so, if the value had continued less? only perhaps it might have asked a little longer time, by the Merchants being put to imploy Instruments somewhat more improper then the Goldsmith, to buy it up from private hands. The like may be said for the inequality of the Rate of Guynnies (about which the Goldsmiths are also accused) which were never by any Proclamation of His Majesties, declared a Current Coyn of the Kingdom, and limited to a certain Rate; but left under the Notion of a Commodity, to rise or fall in price as the course of Exchange went in Forreign Parts; for this very reason, that by such raising of the Rate of them, they might be preserved in the Kingdom, when happily the state of Exchange might otherwise have laid a temptation before many for their private gains, to have sent them away. Thus our Author may also in other Points have been a very Incompetent Censor of what the Bankers have done in this distinct Trade and Mystery. In which Case I have sometimes known a wise Man to have confest divers things to be reasonable and good, when the Nature, Grounds, and Ends of them have been opened by one well versed and experienced therein, that he could not in his own single consideration reconcile the Notion [Page 6] of common good and advantage. And if our Author have any measure of Ingenuity, peradventure he also may reflect upon this his hastiness of accusing Men in such matters that he so little understands. It's pretty too to take notice what a young Sophister our Grave Observer is become, when he tells us of ‘seven millions coyned at a time in half Crowns’, which he saith was ‘apparently reduced to less then one Million’, and layes the whole blame of it at the Bankers doors. Seven Millions of what, in half Crowns? he afterwards tells us ‘seven Millions of Silver’, which our ordinary English Dialect would presently interpret to mean Pounds Sterling, if our Reason (which he never design'd his Letter to be examined by) did not contradict the possibility of the thing, and then the Peoples mouthes might be opened indeed against the Banker, which is all the Mark he aims at. But admitting our Author to be a little out of the way of writing agreeable English, and that by the seven Millions in half Crowns, and the seven Millions of Silver; he intends no more then seven Millions of half Crown pieces; Lets consider whether he be any more honest in the thing, then he is clear in the expression. Seven Millions in half Crowns, by my Arithmetick, amounts to eight hundred seventy five thousand pounds Sterling that he alledges was then Coyned: But Sir, I have met with as likely an Observer in this Point, as your self, who assures me, it will be no injury to tell you, that you are out in your Calculation almost half in half; and if you be so ignorant, or insincere in an Extream on that hand, how shall we trust the truth of your Observation and Candor in what you affirm on the other, that the Money then coyned was apparently reduced to less then one Million by a new mischeivous trade of the Goldsmiths. But I do not well so much as to name truth and sincerity with respect to any thing in this Letter, which was never designed to be drawn up by the line of any such Vertues Vettues (sic) , Blackning of Men being a far better way to do our Authors business: And it were endless to open all the false suggestions that are in the composition of it.

Next to that, I find the chief crime objected against them, is, ‘The great advantages they have made in the course of their Trade, especially when they dealt with his Majesty, and bought up Bills, Orders, Tallyes’, &c. Indeed Sir you do not well to tax them at this time a Day with those Offences. Why did not such an Observer of the State of the Bankers as you, urge their Sin of 10.l. per Cent. upon them then? when if your Arguments had been powerful to touch their Consciences, they might by this time have reckoned that Charity in you, which as matters stand, [Page 7] they can receive under no other Notion but that of reproach and spite. And yet, hark you Sir, Hath it not been the Principle of one you know That as the occasion and Circumstances may be, there is really no wrong put upon a mans Conscience, nor injustice offered to another, to accept of above 6 per Cent. for the advance of Money, nay nor any breach of the Law therein? And if neither the person of another be oppressed, nor the Law violated, where is the Offence? But now you cry out aloud against the Banker, as an unpardonable Extortioner, if in any case he exceed the terms of 6 per Cent. which renders it not unneedful (for the Readers sake) to put one or two Cases to your enquiry about this matter.

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

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

But what the monied Men and Creditors of the Bankers will most look at, is, what our Author will alledge against the Security of Money in their hands, which therefore we must alike look into. And because the Creditor will be nice in his Enquiries here, I will first state his Objections truly, and give such Answers as I will with the same freedom, leave to the Readers judgment: My design being only to dis [Page 8] abuse my fellow Citizens and others, that they be not frightned with shadowie appearances, nor suffer themselves to be thus play'd upon by every sly and subtil Gamster, to disturb the setled course of their lawful advantages, to gratifie the humor of any person or faction, whose end is more themselves than the Publick good.

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

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

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

To these Objections respectively, a few words.

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

This Gentleman I guess cannot but well remember at whose house this houset his (sic) was acted, and who had a main hand in the contrivance of it; and if so, he may withal call to mind that the occasion of that surrender of the Seal [Page 9] was from some difference about the Termes of a second Pattent relating to the Wine Act, which while the then Farmers insisted upon, and more refused; some of them with less foresight than was convenient, offered the acquitting of the whole Bargain, and the Seal whereby they held their Right in the other Part; and having so offered it, it was accepted as suiting the present Design, without possibility of retrieve.

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

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

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

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

I Answer, That running upon Imaginations as he doth throughout his whole Letter, if this prove otherwise, the most part of what he hath said, may be suspected for a mear piece of fancy. He cannot imagine it, how? by borrowing Money at lawful Interest, and lending [Page 10] it to private persons at unlawful. No, Methinks it is plain and easie to be imagined, how Money may be got in this way, if they do (as he saith) silence Conscience, forget Christianity, and by Hook, and by Crook, make the most of their Cash by oppressive Exactions: Is it not a wonder his Imagination should fall so short, that is so much in the exercise of it?

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

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

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

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

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

How our Authors Passion blinds his Reason! Would you have every Banker become a Lawyer, or else leave his Trade? On common Occasions every Mans Natural Abilities and Experience in the World (whereof I hope you will grant our Bankers to have some) may serve the turn; and in cases difficult and out of the way of ordinary Dealings, they are generally Men of more Caution to their own Estates, and the Trust they have from others, than that I believe they would be satisfied with so much Law as our Author himself hath, when so many able and knowing [Page 12] Lawyers are so near at hand. Besides, such a Man of Wit as you, might have considered, that there is a Power in these ways of Credit, to oblige such Men as the Bankers deal with, to much to Punctuality; and but that I would fain resemble our Author in speaking once like a Man of Mysterie, I could give good Reasons for it: He is miserably out, and speaks as unlike a Merchant as ever I heard, to tell us, the Bankers knew the Characters of Men no better than others, when of all in the World they have the Advantage this way. What gives the Knowledg of Men as Men, but Converse? What of the Estates of Men, more than frequent and ordinary Dealings with them in the point of Money? Which with other Collaterial Observations that are Coincident with it, gives the truest measure of Mens Estates. How then in these ways, is the Integrity and Generosity of a Mans Dealings better discovered? This manner of Corespondence then, these Bankers having had with the most they deal with for many years, How should they but know Men better than others, and be able to proportion their demand of Security for them? But our Author is Authoris (sic) not yet at an end of this Argumentative Paragraph against the Bankers Credit: I wish his next Reasons be better than his former, and favour more of Natural Ability, and sincerity of Mind.

He puts the Question very seriously from the Premises that I have already Answered, ‘How then should they be able to make more Interest of Moneys, than other Men’? How then? It's a Deduction from your Premises, is it? Why then Il'e tell you how the Case stands, if some of your Premises have no Reason in them, and others no Truth; what then becomes of your Hero then, and of all your Subsequent Arguments, or rather Artificers deduced from them. If they be really more able than other Men to improve Money; if they have as much Skill in the Law as they have ordinarily need for, and know where to go for the rest when Occasion calls, that their Security may be good; If they have more knowledg of Men than others, which are all the Principles that you derive this how then from; Why then, I may naturally turn the Argument upon you, and tell you that all your Natural Abilitys and Acquired Parts, have missed the Mark hugely, when you doubt the Bankers Trade to such a Degree, as to make it a Wonder how they should be able to Improve [Page 13] Money better and more securely than others. And if you would know further how they can keep open their Shops, notwithstanding their dead Stocks of Cash to answer ordinary Demands (for such extraordinary and unreasonable Demands, as your Whispering and Calumniating Gang hath lately put People upon, nothing can be Sued for) and Maintain their Servants, and pay their Landlords; I tell you again, that besides the Keepers of their Running Cash, for which they pay no Interest, the Matter lies in their Knowledg and Way of Improving Money, better than others. It's not to say what a Bankers Skill in this sense will honestly extend to: Il'e tell you they are archer Men in their Trade than you and I think of. And I am verily of Opinion, that they make (as you say they must do to get ought by it) more than Nine pound per centum of their Money, in their way of Improvement; yet I will not as you do, Charge them with Extortion therein, unless I knew things better.

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

The Merchant when it may be, that Two, Three, Four, or Five Hundred Pounds, which might have been had at a Bankers Shop, to serve the Exigency of his Occasions, cannot now be had in the City of London, in any reasonable time; or if he may be Accommodated by a Scrivener, the Trouble about it, Procuration for it, and the Time he must be obliged to keep it, beyond the Circumstances of his Occasion, may probably amount to more than Twelve Pound per centum , when he might have it at the Bankers at a lesser Rate. The Moneyed Man, when he sees [Page 14] the Banker born down without cause, and his own money lying in a Chest without improvement; himself in no way to put it out with security and profit: All that have experienced the ease, conveniency, and prosperous Trade of the City, by and under this way of Credit, and if after all, his own Conscience cry out of him, it is but that which is to be looked for, as the effect of these pernitious and ruinous Contrivances, unless it be already feared as with a hot Iron.

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

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

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

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

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

Shall I ask our Author whether this was practized without reason and good experience by those that did it? Surely not without ground, while he characterizeth them to be men so wary in the disposal of their money to others. They knew then what they did; and no doubt acted upon some principles of reason herein, [Page 15] notwithstanding your censure of their discretion, from the meer Authority of an, ‘I say’, for that's the most powerful part of the Argument he uses against this practise, while his pretences of the hazard of the Bankers disposal of money, and their capacity to do it more than other men, have already been found so lame & ridiculous. Such an Observer as he, a man would think, might have taken up some considerations from so remarkable and continued a practise as this to have better bethought himself what he was about to do, when he began to breath out such Venom against the Bankers. Is't not obvious that the very All of a Banker lies upon his utmost punctuality, whereas other men as the exigency of occasions may be, oft times dispence with it without any suspition. Me thinks the very awe of the power of Credits continued through the course of so many years, the free, generous, and unconcern'd reliance of Men upon them; their efficacy to raise, enliven and encrease the Trade of the Kingdom to such a notable degree, should have dampt his confidence in a pursuit of this nature, and forbad his falling foule upon so sacred a thing.

But the Rise of this design is such as all things must give way to. Here's Anger and Ambition, as I tould you, in the minds of some body, and a New-faction to be introduc'd. And what are the Credits of the Kingdom, the Ruines of the Bankers, Disreputation of the Merchant, Abuse put upon the jealousie of Creditors, Losses of the People, laying wast our Trade, Confusions and Disorders in the course of all affairs in the Nation. What is their own Consciences, Honour, or any thing, to the wreaking of this Anger, gratifying this Ambition, and pulling down of others that themselves may be advanc'd. To arrive at this false accusing and whispering about, from one place of Concourse to another, How is it with such a Man? Does he pay well, or's at a stand? I hope you are not concern'd. I assure you such a friend of mine hath drawn his money. I wish all be well. A word's enough to the wise. Some taking the confidence to abuse the Name of a Noble Person, because hee's accounted a wise Man and a fit Example, reporting in the City, and writing into the Country, that his Lordship hath had great sums of money in the hands of such and such which he hath called out, whereas the parties so mentioned ner'e ow'd his Lordship one farthing: And a thousand such petty (but as they have prov'd over-prevalent) insinuations have been used; vented by their [Page 16] half-witted Emissaries, (of which they have both young and old, rich and poor to make use of, and to act their tricks with a world of zeal and gravity) while among themselves they make the best sport imaginable, in telling what a good Instrument (they mean a fool) they have made of such and such a sober Citizen or Inns of Court Gentleman. I say to arrive at these ends of their own, none of these Machinations must be accounted a Crime. And let not our Author tax me of uncharitableness herein, or come with any such disguises, as a Letter to a Country Gentleman hereafter, For upon better Evidence than that the Coyn was carried into the Cocklofts, this is the very Rise and design of this Epistle.

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

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

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

My Lord Bacon tells us, ‘Nothing doth more hurt in a State, then when Cunning Men pass for Wise’; and yet if all will avail to make the People (whose good I charitably aim at in these Reflexi [Page 17] ons) to consider what they are doing, while they dance after the Pipe of such Crafts masters as these, and be no more entangled and bereaved of their Wits and Interests by their deceitfull pretences and practises but proceed in all their Concernments Concenments (sic) , like men endowed with Reason, I shall gain my desire. I dispair not of it, though its sad to see the generality so much enclined to another Spirit.

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

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

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

FINIS.

Table of contents

• 1. SECT. I. The Introduction.
• 2. SECT. II Concerning the Clothing Trade, or Woollen Manufacturer, that makes any thing with our Wooll.
• 3. SECT. III Concerning the Transportation of Wooll, which is one Hindrance to the Clothing Trade.
• 4. SECT. IV. Concerning making our English Woollen Manufacture good and sound.
• 5. Sect. V. Concerning making our Cloth Cheap as well as good.
• 6. SECT. VI. Concerning the Damage and Loss, too often Accrewing to the Clothier, in the Sale of his Cloth.
• 7. SECT. VII. Concerning the Hindrances of the Exportation of our Woollen Manufacture.
• 8. SECT. VIII. Concerning the Hindrances of wearing our Woollen Manufacture at home.
• 9. SECT. IX. Concerning the Causes of Impoverishing the Silk-Weavers Trade.
• 10. SECT. X. Concerning the Woollen Manufacturer, and the Silk-Weaver, their Retayling the Commodities which they make.
• 11. SECT. XI. Concerning Hawkers that do Profer to sell Commodities by Whole-Sale.
• 12. SECT. XII. Concerning Trades-Men Breaking, and paying so little in the pound of their true Debts.
• 13. SECT. XIII. Concerning Stage-Coaches.
• 14. SECT. XIV. Concerning the Shop-keeping Trades in this Kingdom.
• 15. SECT. XV. Concerning Taylers and others being Sales-men.
• 16. SECT. XVI. Concerning Pedlers, and petty Chapmen.
• 17. SECT. XVII. Concerning petty Shop-keepers living in Country Villages.
• 18. SECT. XVIII. Some things suggested that might be for the improvement of Trade.
• 19. SECT. XIX. Concerning all Trades being in Companies.
• 20. SECT. XX. Concerning the great conveniences that Markets would be to the Woollen Manufacturer and others.
• 21. SECT. XXI. Concerning the making of Linnen-Cloth.
• 22. SECT. XXII. What Statutes in force may be injurious to Trade, and Trades men.

• A Table of the several Sections.

[...] [Page 7] [Page 18] [Page 21] [Page 28] [Page 49] [Page 51] [Page 55] [Page 60]

Table of contents

• 1. I. As relates to the Woollen Manufacture.
• 2. II. As to the Silk and Linnen Manufactures.
• 3. III. As to the Effect such a Prohibition would have upon the East-India Trade in General.

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

THE many Objections formerly made against the East-India Trade, because was carried on by the Exportation of our Coyn or Bullion, and by the Importation of Manufactured Goods and Toyes, were usually answered by the Advocates for that Trade, that such Goods could not be injurious, because were not spent in England, but Transported to Foreign Markets, and thereby occasioned the Importation of more Bullion than ever was Exported: But the Truth (which was formerly denyed) being now owned by this Treatise, that one half of the said Goods are consumed at Home, and that those Manufactured Goods do hinder the Consumption of what are Fabrickt by our own Peo [Page 4] ple. The Landed Men have now Reason to conclude, that they are more concern'd in this Contest, than the Weavers, as well for their particular Interest as the publick good: And therefore the Considerations here Offered are thought necessary, that these new Maxims and Arguments may be Examined; because the Rents of Land as well as Preservation of our Coyn, Consumption of our Manufactures, and the Imployment of our People, doth much depend upon what Resolutions may be taken for the settling of this Trade.

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

Page the Twelfth asserts,

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

To justifie the first Proposition, it is said, That we Export but 400000l. per Annum , of which 1/8 to 1/4 is in our Home made Goods, and that the produce of 200000l. brought home and spent in England, being the one half, yields us 800000l. and [Page 5] the produce of the other 200000l. being in Goods sent Abroad to Foreign Markets, yields us another sum of 800000l.: And therefore that England gains by this Trade 1200000l. per Annum clear. Page 16, 53.

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

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

It is thought convenient to answer this Accompt with an Accompt much different, and yet probably as true, viz. That there [Page 6] hath been Exported for India Annually ever since Anno 1673. when the Trade in Manufactured Goods from thence begun first to increase till Anno 1690, about 600000l. per Annum in Bullion by the Company, Private Traders or Interlopers, from England or Spain, and that the Goods brought from thence never brought back into England, nor saved the going out of 200000l. per Annum in Bullion: And therefore that this Trade, instead of being profitable to us, hath exhausted about 400000l. per Annum of our Treasure, and done us much Mischief by the Importation of such Goods; and that our Riches have not Increased ever since Anno 1666, but have Annually Decreased very much by Trade.

But before any Argument should be enter'd upon, which of these Accompts is most Justifiable, 'tis requisite to agree upon matter of Fact and Principles, particularly what may properly be called the Riches or Treasure of a Nation? Or what may be esteemed the most Useful, after what is absolutely Necessary, to supply the Necessities of Nature? Some being of Opinion that nothing doth deserve that Name, or to be so esteemed, but Gold and Silver; because no other Metal is so lasting and durable, or so fit to receive the Royal Stamp, [Page 7] nor to be ascertained in Value, and divided into several Denominations, nor so convenient to pay Fleets and Armies; and because hath a general esteem in all parts of Europe, as fit for such uses, and to be the Standard for the carrying on of Commerce, and to be Barter'd off for all other Commodities.

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

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

This being stated, if agreed, whoever will undertake to make out, that we have either by the East-India Trade gained 1200000l. per Annum , as asserted, Page 15, 16. Or that the Nation did increase in Riches from Anno 1656 to Anno 1688, two Millions per Annum , must make out that so much was Imported in Bullion, over and [Page 8] above what was Exported: Which is so far from being generally believed, that many are of opinion, we have had our Treasure Annually exhausted ever since 1666, not only by the East-India Trade, but also by the great Exportation of our Coyn to the Northern Kingdoms to purchase Naval Stores, and Deals, Timber and Iron, used in the Rebuilding of London, and a greater number of Houses since erected elsewhere, and to other places and Countries for supplying the many losses of Goods that were burnt by the Fire, or spoiled in removing, for the purchasing of Foreign Commodities for the furnishing of the new built Houses, and to carry on the French Trade.

From Anno 1656 to 1688 is 32 Years, which at 2 Millions per Annum is 64 Millions. All that remember how plenty Money was in this Nation Anno 1656, may find reason to conclude that we have not now in the Nation as much Gold and Silver as we had then. So that either the 64 Millions hath been spent since 1688, (which no Man can believe) or else was never gotten; which is most likely to be true: Because, according to the best computation that can be made, it is concluded there hath not been Imported into Europe from Africa and America (from whence only any quantity of [Page 9] Gold and Silver comes) since the Year 1656, much above 2 Millions per Annum , and it cannot well be imagined that we have got all to our shares: But if the Author had spent more thoughts, and study, to have found out where the 64 Millions he mentions to be gotten, are now to be found, would have done the Nation a great kindness at this time.

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

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

[Page 11]

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

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

It is well known by all Traders, that the Silks imported from France were most Lustrings and Alamodes which have been computed to amount to 400000l. per Annum , what other Silks came thence, were esteemed for their being of some new fashi [Page 12] on, and were usually high prized Rich Silks. The promoting of the Lustring Company to Manufacture Lustrings and Alamodes here, and incouragement to our Weavers to make such Rich Silks may prevent their coming from France, but which sort of these Silks from India are spent in the room of Alamodes or Lustrings or of any other Silks, that did usually come from France, is unknown to those skilled in that Trade. The Silks that usually came from Holland were Velvets, Alamodes and Lustrings; and from Italy, Velvets, Damasks and Taffaties; though it be not doubted but the Silks from India do hinder the Consumption of some Damasks, Taffaties and Sarsenets, yet being those were all, or most, purchased by the Products of our Manufactures, we had better have them, then send our Money to the Indies to purchase these.

Diaper, Dowlas, Canvas and Lockrams, which were four sorts of Cloth that composed the vast quantity of Linnens formerly imported from France, which as well as other Linnens taken from Hamburgh, Germany, &c. were most used for Sheeting, Shifting, Tabling, and such other uses in Families as have not hitherto, nor is it likely will ever be supplyed by these Linnens from India. The Muzlings and fine Linnens from India, it [Page 13] may be observ'd, are consumed for long Cravats, Nightrails, Commodes and Window Curtains, (an Expence not known in England till within these 20 years) also for Aprons, and thus do hinder the Consumption of Cambricks, and Lawnes, and the course Callicoes, of some course Cloaths. But if Cambricks and Lawnes, and most of such course Linnens were all purchased with our Woollen Manufactures; then we shall find reason to conclude we did ill to introduce the Expence of these Linnens from India, which are so far from being a clear gain to England, as asserted Page the 16, that they are costly and mischievous upon several Considerations.

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

The Arguments derived from the great Gains made by that Trade, as by several [Page 14] Accompts in that Tract, ought to be lookt on, as blinds or baites for unthinking men; for if the accompts be not true, then the Arguments grounded thereon cannot be good. It is well known the Company doth not export the Goods they bring, but sell them at a publick Sale, and that in the most flourishing times seldom got clear 50 per C. by such Sales, the Merchants or Shop-keepers who buy of them, get 10 to 20 per C. more, either by sending abroad or retailing them here, adding to this what is paid for Customs and Charges, yet all will fall much short of this Computation, and that part which is thus gotten by Sales at home, is gotten by their being a Monopoly, and cannot be reckoned as gains to the Nation; and taking the Stock from Anno 1657. when first Incorporated to this day, there hath not been divided, (the Author owns Page 52,) not 20 per C. others think not 10 per C. per Annum , amongst the Adventurers in that Company; and the Crown, Capt. Dorrel, who went an Interloper, was thought to make an extraordinary Voyage, because divided 50 per C. and few others ever made the like. So that without better Vouchers then are produced in that Tract, these Accompts ought not to pass, neither ought we to believe that what is pretended to be gotten [Page 15] by the East-India Trade was so in Fact; no such Gains having been divided amongst the Adventurers, much less to the Nation, which may appear by their Books to be true, whatever Gains have been made by some particular Persons; but if 300 per C. then must be hid as part of 64 Millions gotten by Trade since An. 1656.

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

As it hath been made out, that it is not probable that the Bullion Exported to India hath brought us back by the Goods transport [Page 16] ed to Foreign Markets, and that the Goods sold here do us any considerable service, by hindering the Importation of Foreign Silks and Linnens; so it is plain, that the pretended Gains made by that Trade on the Goods sold here is not Gains to the Nation, but gotten out of our own Peoples Pockets, by the Sales of such Goods to the Gentlemen and Landed men, or others, who are the Consumers, but not concerned in the Stock, by making them give great Rates for what they buy. The Nation by any such Sales to our own People cannot be imbursed of the Treasure sent out, in Gold or Silver, or get more then they would by taking away an Estate from A. to give to B. But if this be a good way to bring Gains to the Nation, to carry on Trade by Joynt-Stocks, then certainly we have been very imprudent, not to set up more Monopolies for Trade; there being several Trades, as well as Commodities, that might be named, of which if any Persons could get a Monopoly, or the priviledge of the sole Buying and Selling, would as probably make four for one, or as much as can be made by these Goods from India. Those that argue against this, have forgotten the Arguments amongst others which have been alwayes given by the Advocates for this Trade, for its being car [Page 17] ried on in a Company with a Joynt-Stock, that when the Trade was Free and Open, before Incorporated Anno 1657, that all the Traders lost by it; and it was the chief Reason given for obtaining that Charter, and what have since weighed very much for the supporting of this now in being.

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

If it be said, that this Trade hath a good foundation, because Materials are plenty, and Labour cheap in India; it being agreed that these Manufactured Goods are spent both Abroad and at Home, in the room of our own. This instead of being an Argument for recommending this Trade, will appear the most dangerous part of it: For unless our Wooll fall to nothing, and the Wages of those that work it up to 2d. per Day, and Raw Silk and Silk Weavers Labour proportionable, the India Goods will [Page 18] occasion a stop to the Consumption of them; because those from India must otherwise be Cheapest, and all People will go to the Cheapest Markets, which will affect the Rents of Land, and bring our Working People to Poverty, and force them either to fly to Foreign parts, or to be maintained by the Parishes: And therefore how the Landed men are concerned in the Contest about this Trade, they may do well to consider.

By what hath been said in answer to this Proposition, it may appear that as long as we manage the East-India Trade as we have of late Years, we shall lose by it: That Gold and Silver is the only or most useful Treasure of a Nation: That we have not increased in Riches since Anno 1666: That the Consumption of East-India Silks and Linnens at Home do us no service, by hindering the expence of any Foreign Silks or Linnens: That the India Goods Transported do not bring us in near the quantity of Gold and Silver Exported to carry on that Trade: That the EastIndia Trade hath a bad foundation: And that the great Gains made by Merchants, or Traders that carry on that Trade, is because the Trade is confined [Page 19] to some few Persons, who are but as one Buyer and one Seller: And that nothing but Bullion Imported, can make amends for Bullion Exported. Which if not observed we may Trade away our Riches, but not get Riches by Trade.

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

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

[Page [I]] [Page [VI]]

Table of contents

• TO THE READER.
• THE CONTENTS.

• 1. THE Introduction.
• 2. REMARKS UPON THE Bank of England, WITH Regard more Especially to our Trade and Government. CHAP. I. A brief account of the Establishment, the Constitution, Privileges, and Restrictions of the Present Bank of England, and of the Profits arising to the Members thereof.
• 3. CHAP. II. The Case stated; and an Enquiry made into the Consequences of prolonging the Bank of England. First, with Regard to our Trade, and all other Merchants and Traders.
• 4. CHAP. III. The Consequences of prolonging the Bank of England, with Regard to our Government and Constitution.
• 5. CHAP. IV. The Pleas and Pretences on the side of the Bank examin'd.
• 6. Conclusion.

• ERRATA.

[Page 5] [Page 17] [Page 27] [Page 48]

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

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

In order to this, it must be observed, That the Portugueze in Brazil, the Dutch in Surinam, and IsaCape, and the French in their Islands, especially in that great Island of Hispaniola, in which they have got a great Footing, are possess'd of large Countries and great Tracts of fertile Land, which produce Provisions, and most other Necessaries and [Page 4] Conveniences for Life, and likewise Materials and Requisites for manufacturing Sugar and other the Product of their Land, such as Timber, Horses, Cattle, &c.

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

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

[Page 5]

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

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

[Page 6]

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

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

Nor will this be impracticable, if it be remember'd, that within less than thirty Years, when the African Company flourished, and had Power upon that Coast, they had much the greatest Part of the Negroe Trade; they had then, and for many Years before, [Page 7] such Interest among the Negroe Kings and great Men' and such Power over them, that the Natives in general could dispose of but very few Negroes to other Nations; nay, such was the Company's Power in those Times, that the French had not so much as one Factory upon the Gold Coast; it's true, they once attempted to make a Settlement, and for that end sent out a Squadron of six Men of War with Men, and Stores, and Ammunition, and all other Necessaries to erect a Fortification; but after they had landed, and built a Fort, the very Night before they were to mount their great Guns, the Negroes came down upon them, and beat them off, and demolished their Fort, and so they went on Board their own Ships again, re infectâ .

Such was then the Interest of the English with those Barbarians, that they would not suffer the French to settle among them; it's true, the Dutch had and have a great many Forts and Factories all along this Coast, but their Slave Trade in those Days was very inconsiderable in comparison of ours: Indeed, since the Trade has been laid open by the late Act of Parliament; the great Contentions that have arisen between the Separate Traders and the Company; the Abuses committed by the Company's Agents upon the Coast, by confederating with the Separate Traders to the Prejudice of the Company; the Strugglings amongst the Separate Traders themselves at the Market, which has also greatly contributed to the Raising of the Prices of Negroes very high; and the many Violences, and unfair and illegal Practices committed by some of the open Traders on the Coast, for which the Company has often paid very dear: Such a Conjunction, I say, of fatal Circumstances, which are and always must be the unavoidable Consequences of a loose and precarious Trade, could not [Page 8] but tend exceedingly to the lessening and undermining the British Power and Interest on that Coast; insomuch that, I may appeal to Experience, whether the Dutch or the Natives of Africa have not been greater Gainers by that Act, than either Great Britain or the Plantations; as to the Dutch it's evident, that since the passing that Act, they have gained a greater Power and Trade on that Coast than they had before; and that they have wonderfully encreased their Sugar Plantations in Surinam and Isa Cape; and as for the Africans, they are become so wise by our Divisions, that they have raised the Price of Negroes to near 20l. per Head, whereas formerly the Company bought them from 50s. to 3l. at most, and the Planters in those Days were furnished from 14l. to 18l. per Head, the choice Negroes; this advanced the Number of Slaves in the Island of Barbadoes to near 80000, which produced in Barbadoes near 30000 Hogsheads of Sugar yearly, besides Cotton and other Commodities, which advanced the Revenue, comsumed a great Quantity of the Manufactures of England, and employ'd near 500 Sail of English Shipping: But since by these Contentions upon the Coast, the Price of Negroes has been so high, the Planters have paid from 30l. to 40l. and in some of the Islands 50l. per Head, and this has lessened the Number of Negroes, which now is under 60000 in Barbadoes, and the Product which is under 20000 Hogsheads of Sugar, and other the Product in Proportion; so that the Consumption of the Manufactures, the Revenue, and the Navigation have decreased also in Proportion, so that upon the whole it's very apparent from Experience, that nothing but an united Power upon the Coast of Africa can secure this Trade: Power, and the Purse, Force, and Merchandize must be united, and put into one and the same Hand.

[Page 9]

For this purpose a Considerable Stock must be Staked, which cannot be done Effectually any other way than in a Body Exclusive of all others; this will be a certain Stake in the Hedge to support the Trade; for the Body politick will always remain: The Men, 'tis true may be changed, but the Body it's self may be Obliged to supply the Plantations with sufficient Numbers of Negroes at reasonable Prices, whereas any other sort of Company than that of a Joynt Stock, cannot Oblige themselves, nor can they give any Security that they will Trade, neither can they be secure of a sufficient Stock for carrying on the Trade, Merchants being at Liberty in all other sorts of Company's, whether they will come in or no; and if they do come in for one Year, may leave it the next. And it's presumed further that no other but a Joynt Stock Company will be tyed down to furnish the Plantations only with Negroes, for it's very well known, that most of the Negroes, Imported into the Plantations by the separate Traders; during the late Act of Parliament, were Exported again to the Spaniards, French and Dutch, but principally to the Spaniards. And certainly it can never be denyed, but that, if Merchants are left to their Liberty, they will Trade with those Nations who can better give 40l. per Head than the British Planter can give 20l. for Merchants will have regard to their own private gain; but it's not doubted but that the Parliament will consider that every Negroe sold to the British Planter, tho' under 20l. brings much greater advantage to this Kingdom, than one sold to other Nations at 40l. or even at Fourscore; because the Labour of a Negroe brings Annually ten Pounds during his Life; and as his Children grow up, their Labour amounts to as much more each. It's next to be considered, that, it will be [Page 10] Impossible to perform the Assiento Contract unless an Exclusive Company with a Joynt Stock be Established in Manner aforesaid; for if a Number of Men, open Traders, should enter into an Agreement for the performance of this Contract, they must make Subscriptions, and this will become a Stock, and Interfere with all other open Traders; and should such a thing happen, what advantage will the Out-ports of Great Britain have; when they try the Trade to Africa, they will find that the Numbers of Traders that live at London will so Govern the Market upon the Coast, that other Traders will not be able to come in Competition with them, or otherwise, what has been and is the Case already, will continue, viz. that by Struggling with one another upon the Coast of Africa, they will not only keep up the price of Slaves there, but raise it still higher, and so put the Trade in a worse Condition than it's now in; and make the Africans wiser and wiser by throwing the profit into their hands; so that at last they being at Liberty to Trade with whom they please, will find the Sweet of Trading with other Nations, who can give them at least as much again as the British Merchants can, by which means it must in the End come to pass, that, even those that would pretend to secure the African Trade most, will not be able to purchase any Slaves at all: But should any Sett of open Traders pretend to secure the African Trade to this Nation; then it's presumed, they must have Forts, Castles and Factories; If they build them, they must Consider of whom they are to purchase the Land, and the great Expence that must attend such an undertaking; but allowing that such a Sett of Men could get over that, then it's plain there will be two Company's, the Consequence whereof need not be mentioned. But it may [Page 11] be supposed that this present Company may be Compelled to part with their Forts and Factories, and all their property upon the Coast; but can this be any more than changing Hands, if any Sett of Men be put in Possession of those Forts, &c. and make Subscriptions sufficient to secure the Assiento Contract, and a sufficient Importation of Negroes to the Plantations at reasonable Prices. And if this Security is not given, then what will become of the Plantations and the Assiento Contract.

Were it not therefore more consistent with Reason and Justice to consider, that, many Years ago, the Coast of Africa was by Charter granted to the present African Company; that at the time that that Charter was granted, the Trade was in a manner lost to this Nation, which the Company soon after recovered and vastly Improved; that they have since laid out great Sums of Money upon Forts and Factories and in carrying on this Trade; that for many Years they furnished the Plantations at easy Prices, and gave long Credit; that by these means the Sugar Colonies were Settled and did arise to a great Heighth; that in the first and second Years of the first of the two last Wars, they lost near Thirty Ships of their own; that the French committed great Depredations upon some of their Factories; that they have sustained great Losses by the Hurricane and Earthquake in Jamaica; and by their Out-standing Debts in that and the other Plantations; and lastly that they have suffered many great hardships by the late Act of Parliament, which did indeed Ordain that all Separate Traders should pay 10 per Cent. to the Company on all their Exports, for and towards the Maintenance of their Forts; whereas it appears from the Entries of the Separate Traders, that they never [Page 12] paid the Company above 1 per Cent. Would it not I say, be Justice to give this Company an Opportunity of retrieving those Losses, and to Enable them to take Subscriptions, for a sufficient Stock to carry on the Trade, and to get the power of the Coast of Africa again into their own Hands: Which great point cannot otherways be gained but by Merchandize, and Power being in one and the same Hand, to make Alliances with the Negroe Kings, that they may sell their Slaves only to the Company. Is it not very plain that since this late Act of Parliament, Negroes have risen in their Price upon the Coast, and that the Planters have paid much dearer in the Plantations, and have been but ill Supplied? Tho' it may be allowed that the Wars were partly the Cause of the last Evil, yet it cannot be thought so of the first, which was Occasion'd by the many buyers on the Coast, and they must rather Increase in Peace, so that that Evil will still grow upon us.

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

Another Objection is, that this Company will be the only Buyer of the Manufactures in this Kingdom, and so Impose what Prices they please. But was this ever Complained of, even before the late Act of Parliament? Yea, did not the present Com [Page 13] pany almost every Year before that Act passed, either Increase their Exports, or set a-foot some new Manufacture or other; and may not the same Jealousie arise from any Set of Men combining in that Trade. As for the Out-Ports they may flatter themselves, but they will soon find their Mistake, and that by aiming at a Trade, they may be Instrumental in losing of it to all Her Majesty's Dominions, and at last of ruining the Plantation Trade it self; which they now feel the Sweet of, and thereby be the Occasion not only of the Loss of the Consumption of 100,000l. of Merchandize Exported to the Coast of Africa, but also of the Loss of Two Millions a Year to all the Queen's Dominions, should the Plantations be deserted, which must happen in a few Years, if the Trade to Africa is not so settled that the British Planters may not only have sufficient Numbers of Negroes at easy Prices, but other Nations cut off as much as possible from that Trade.

It has been often said that the War occasioned the dear Prices of Negroes in the Plantations, no doubt the Navigation and every thing being dear, and the great Risque, must have raised the Price of Negroes in the Plantations: But are not the buying of them dear and the Mortality that frequently attends such Voyages too, much greater Causes of their high Prices, which a Company, being but one buyer, can only prevent; for when they Command the Price upon the Coast, they can have them Cheap, buy them up, and have them ready against the Arrival of their own Ships: So that they may be dispatched in a Month, or Six Weeks; whereas Separate Traders have been Obliged to stay sometimes Four or Five Months before they could purchase their Compliment of Slaves. Was it the War that was the Cause of the Planters being [Page 14] ill Supplied, when the Separate Traders affirm, in Seven Years, they imported into the Plantations 150,000 Negroes: No, if all those Negroes had been settled in the Plantations, there could have been no Complaint for want of Supply; but it's plain, if any truth in this great Importation, they were carried to other Nations: And I may Appeal to the Separate Traders, whether during the late Act of Parliament, they have not been Losers by what Negroes they have sold to the British Planters, take these 15 Years last past round; particular Men may have got, but its plain the Traders in General lost; and particular Men may get again, and after they have done their Business, leave off the Trade; but it's hoped that upon better Consideration, they will become more publick Spirited, and preferr the preservation of the Plantations to their own private Gain, and become Subscribers to the Stock of the present Company; and Consent and Assist in supporting their Charter and Privileges, by becoming Proprietors in the same, rather than Endeavour to destroy the property of a Company, that in a manner settled the profitable Sugar Colonies, and have met with great Losses, which with the aforementioned Hardships and Injury's have brought them Low, 'till the late Act of Parliament in Favour of their Creditors, which has revived them; for however their Necessities, during their misfortunes, might have forced them to some Shifts, which is even the Case, many times, with private Men; yet they cannot be denyed the Credit of this, that they have, under all these Discouragements, tho' at a very great Charge, kept Possession by the power of their Forts, Castles and Factories upon the Coast; and are now going on briskly with the Trade, that again Offers its self to this Kingdom; a Trade that Offers many advan [Page 15] tages, not only the Consumption of Manufactures for the purchase of Negroes, for carrying on the profitable Plantation Trade, but the great Consumption that may be Introduced amongst the Negroes, of our Manufacture, even Equal to that in New Spain: Besides, by penetrating into that great Country, no doubt Gold and Silver Mines may be found out Equal to the Spanish or Portugueze Mines; but then this can never be Effected by Separate Traders, or otherways, than by the power of a Company Exclusive; for the State and Condition of the Africans must not be compared to that of the Turks or Muscovites, from whom we must take Laws, and such Trade as they will agree to; but in Africa we might give not only the Natives, but even all other Nations, Laws, which can be no other way done, but by such an Establishment as has been mentioned.

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

FINIS.

Table of contents

• POSTSCRIPT.

[...]

A LETTER TO A Member of Parliament.

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

It is well known that we formerly receiv'd our Supply of Pitch and Tar from Sweden: but the [Page 4] Swedish Merchants knowing that the Best Tarand Pitch was made in their Country, thought they had an Opportunity given them to engross it to themselves, and to send it out in their own Shipping, and sell it to their Neighbours at their own Prices: In order thereunto, they form'd a TarCompany, who engross'd the whole; and several severe Laws were made, that no Makers should sell to any but to them, and that no Ships, either foreign or their own, should load any but for their Account, and by their Order.

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

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

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

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

[Page 5]

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

"SIR,

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

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

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

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

[Page 6]

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

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

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

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

Mr. Jackson writes me in his Letter of July 1, that a good Sum was then offer'd to facilitate the Matter, but he had no hope it would succeed; I also believe it will not, the Count Wrede being so little inclined to contribute in any case to a good Intelligence between England and Sweden, and none else having any Authority in these Matters: and therefore if these Endeavours also fail, I cannot perceive her Majesty can with any [Page 7] Certainty be supplied otherwise than either by buying Pitch and Tar of those Directors, at such a Price as they will sell it at in England, or by seizing what they send, whether found by Sea or in Port, and taking it at a reasonable Price.

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

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

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

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

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

I am also of opinion, that if the War with Muscovy be of any long Continuance, and Inroads be made into Finland, as most probably [Page 8] will, Sweden will not have such Quantities of Pitch and Tar to send abroad as the Occasions of Europe require.

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

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

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

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

The People of England soon took the Alarm; the Merchants made strong Application for making those Commodities in our own Plantations, and therefore that matter was brought before the Parliament, who gave the present Encouragement upon importing Pitch and Tar from our Plantations, which soon produced very great Quantities from thence, and they are now so very much encreased, that we receive twice as much as the Na [Page 9] tion consumes, and are thereby enabled to export great Quantities to the Streights, Spain, Portugal, Holland, Bremen, and Hamburg.

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

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

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

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

[Page 10]

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

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

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

And besides all this, the Danes and Swedes had usually the Navigation of all their own Boards and Timber, &c. in their own Shipping; which Employment qualify'd them to breed up Seamen, and consequently, upon any Irruption, to fit out Ships for War and Privateers to annoy our Trade; and if so great an Advantage as bringing the [Page 11] said Commodities from our Plantations could be brought to pass, it would augment our Navigation to the Plantations to more than double what it now is; and not only be an additional Employment to our Ship-Builders, and all others concern'd therein, as well as to our Sailors and Seamen, but increase the Consumption of our Provisions, and other Necessaries for victualling and fitting out the said Ships; and that as our Navigation encreases, that of Sweden and Denmark must of course sink, and our new Supply of Seamen will be the greatest additional Strength imaginable of able and useful Seamen to the Naval Force of this Kingdom; which Sailors will be ready on all Occasions to man out our Fleets.

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

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

And after they had been attended at a great many Meetings, and receiv'd full Satisfaction, that it would be greatly for the Advantage of this Nation to be supply'd with Naval Stores from our own Plantations, and very much enlarge the Exportation of our Woollen and other Manufacturies; a Motion was made for bringing a Bill into the House, which was accordingly agreed to [Page 12] by the House, and pass'd the Commons with a Clause, ‘"That no Person or Persons within the said Plantations, or any of them, shall manufacture any Iron Wares of any kind whatsoever, out of any Sows, Pigs, or Bars whatsoever, under the penalty of [...] one part to such Person or Persons as shall seize or sue for the same, to be recover'd in any of his Majesty's Courts of Record at Westminster, or Court of Exchequer in Scotland, Courts of Admiralty, or other Courts of Record in the Plantations, &c. the Proof to lie on the Possessor."’ By this Clause no Smith in the Plantations might make so much as a Bolt, or Spike, or Nail.

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

And there was another Clause added in the House of Lords, ‘"That from and after the 25th day of Decemb. 1719. no Forge going by Water, or other Work whatsoever, shall be erected or kept up in any of the said British Plantations, for the making, working, or converting any Sows, Pigs, or cast Iron, into Bar or Rod-Iron, upon pain, that if any Person from thenceforth erect or keep up, or cause to be erected or kept up any such Forge or other Work for the Use or Purpose aforesaid, such Person so offending, being thereof lawfully convict in any of his Majesty's Courts of Record at Westminster, or in the Court of Exchequer in Scotland, or in the Court of Admiralty, or other Court of Record [Page 13] held in such Plantation where the Offence shall be committed, at the pleasure of the Informer, shall, for such his or her first Offence, suffer six Months Imprisonment without Bail or Mainprize, and for every other such Offence shall suffer six Months Imprisonment without Bail or Mainprize; and all Governors, or Commanders in Chief of the said Plantations, and every of them, now and for the time being, are hereby strictly requir'd not to suffer such Forge, or other Work to be erected or kept up in any of the said Plantations within their respective Governments, contrary to the true Intent and Meaning hereof; and if any of the said Governors or Commanders in Chief shall willingly or wittingly offend or be negligent in doing his Duty herein, upon Complaint and Proof made thereof before his Majesty, his Heirs and Successors, or such as shall be by him or them thereunto authoriz'd and appointed, by the Oath of two or more credible Witnesses, the said Governor or Commander in Chief, so neglecting or offending, shall be remov'd from his Government."’

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

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

Those Gentlemen who chiefly oppos'd this Undertaking, were concern'd in Iron-Works, who since the Interruption of the Trade with Sweden, have rais'd their Iron to an extraordinary Price: [Page 14] They did all they could to obstruct the Bill; they reported it would hinder the Exportation of wrought Iron to the Plantations, that it was only a Trick of some Stock-Jobbers, and that it was carry'd on by some Persons that had a Grant from the Crown of some part of Nova Scotia.

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

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

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

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

Upon examining our Exportation of wrought Iron to the Plantations, it appears that the same amounts to about 1300 Tun yearly; the full half [Page 15] of it goes to Jamaica, Barbadoes, and the other Sugar-Islands.

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

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

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

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

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

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

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

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

It is three Half-pence or two Pence per HorseShoe upon all large Waggon-Horses and CoachHorses in and about London, and a Penny on the [Page 16] least Shoe that is made; and I suppose it may be near the same in other Parts of the Kingdom.

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

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

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

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

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

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

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

[Page 17]

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

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

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

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

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

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

[Page 18]

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

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

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

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

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

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

The Dependants on this Trade, and their Families, are all supported and maintained thereby; such as Ship-Carpenters, Joiners, Caulkers, Sailmakers, Rope-makers, Anchor-Smiths, Blockmakers, Ship-Chandlers, Bakers, Brewers, Butchers, Lightermen, Wharfingers, Porters, and Carmen, beside many other Employments.

And further, let those who are versed in Politicks, consider how much the natural Bulworks of [Page 19] this Island are maintained, repaired, and augmented by so great a Number of the best of Sailors.

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

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

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

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

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

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

Sir Josiah Child computes, that every white Man in the Sugar Plantations employs four Persons at home to provide him and his Negroes with Wear [Page 20] ables, Houshold-Goods, and all other Necessaries for carrying on the Work of the Plantations: And all agree that every Person employ'd in Manufacturies for Exportation, adds a considerable yearly Value to the publick Stock of this Nation.

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

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

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

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

If we compare the National Advantages of shipping out Corn, and also of our Woollen Manufacturies, we shall find the sending out the Value of 100l. in Woollen Manufacturies to be full as [Page 21] good as sending out the same Value in Corn.

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

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

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

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

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

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

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

And it is the Opinion of a great many judicious Gentlemen, that if we, in like manner, endeavour'd to draw in Artists and Manufacturers into this Nation, we might very easily consume the Corn among ourselves which we now export: [Page 22] That one Bushel of Wheat spent at home by additional Manufacturers is of six times the advantage to the Nation as a Bushel shipped abroad; because in spending one Bushel of Wheat at home, there is five times the Value spent in Flesh, and all sorts of Provisions, Beer, &c. that is to say, the Value of one hundred thousand Pounds spent in Wheat, would create the Consumption of five hundred thousand Pound of the other Products of the Earth, beside the Addition of Clothing, House-rent, &c.

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

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

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

Their great Delight is to wear English Manufactures, but the Difficulty of coming at them is very great; hitherto they have found no Silver Mines, and have never been put into a way to provide any thing to send us, that the Country produces, but Pitch and Tar, Turpentine, and Ships of their own building. Those Articles will go but a little way towards clothing such a Number of People, and therefore they are forced to visit the Spanish Coast, where they pick up any Commodity they can traffick for, to carry Lum [Page 23] ber and Provisions to the Sugar-Plantations, and to the Logwood-Cutters at Campeachy, and there exchange them for the Product of those Islands, &c. which they generally send to us; they are forced to catch Fish, to make Pipe and BarrelStaves, &c. which they send to Portugal, Spain, or the Straits; and lastly to build a great Number of Ships, the only Manufactury (except Turpentine, Pitch, and Tar) in that Country, that they can send us, which they often sell with their Cargoes in Portugal, and other Parts of Europe, as well as in England.

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

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

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

If they had more Ships, and as well employ'd, that could be sold with their Cargoes in Europe, the [Page 24] Demand for our Manufactures would be so much the more enlarg'd, as the Opportunity of making Returns amounts to.

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

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

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

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

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

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

[Page 25]

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

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

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

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

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

And as we were once dependant on the Swedes for Pitch and Tar, we must remain so still to them for Iron, as we must to Norway and to them for [Page 26] Boards and Timber, and to Muscovy for Hemp, unless some Care is taken to relieve us from such a Dependency: For tho 'tis probable we shall soon have a sufficient Supply of Iron from Sweden, yet upon any new Rupture with any of them, our Manufacturers may be put to the same Difficulty as they have lately been under.

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

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

We indeed claim a vast Tract of Land to the Westward of Carolina, Virginia, &c. but we find the French have brought their Settlements already close to the back of ours. The late French King [Page 27] having granted all the Lands bordering on the English Settlements of Carolina, &c. to the Sieur Crozat, in which the River Avabash is included, which runs close to the Apalatinan Mountains, (Hills that run above the Heads of those Rivers which have their Course thro Carolina and Virginia,) Places most convenient to build Forts for protecting the Skin-Trade, and vending our Woollen and other Commodities; 'tis thought some valuable Mines are contain'd in those Mountains. If they should seize them, or lay hold of part of them, and afterwards on the Heads of the Rivers leading into the Virginian Sea, and desire to carry their Navigation that way, it may in time create Misunderstandings.

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

There is no doubt but the Missisippi Company will give their own People all the Encouragement that can be thought on; for 'tis said a great number of Negroes will be distributed among them at the Company's Charge, and that experienced judicious Persons will be appointed to examine and consider what Productions may be raised from the several Parts of the Country, and proper Directors appointed to see [Page 28] that the People go on regularly in raising what every Part is most capable of producing, till the Planters shall have Skill and Experience to conduct their own Affairs, and the Tract is perfectly beaten out, and the People settled in it.

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

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

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

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

[Page 29]

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

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

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

For as they have 14 or 15 Iron-works, as I have already hinted, if they can't have liberty to bring hither Bar or Cast-Iron, &c. they will want Effects to purchase Iron and other Manufactures with us, and consequently must be forced to work up their own Iron, &c. whereas if they might [Page 30] export hither those Commodities I have mention'd, they might barter them for manufactured-Iron, and other Manufactures.

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

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

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

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

[Page 31]

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

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

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

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

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

We should by this means transfer the Employment we give the Danes and Swedes (which we pay dearly for in Gold and Silver) to our own People in the Plantations, and pay them for their Labour and Productions with the Labour and Ma [Page 32] nufactures of this Kingdom; and at the same time have the whole Navigation to our selves.

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

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

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

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

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

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

The first Undertaking was to tempt skilful Master-Workmen and Manufacturers from other Countries.

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

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

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

Their stealing away some of our Weavers to settle at Tankerville so lately, and several other Attempts which they have succeeded in, shows how necessary it is to be upon our guard, and, if possible, to keep our Workmen to our selves; for if the French Emissaries can come at them, there will [Page 34] be no Encouragements wanting to tempt 'em away.

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

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

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

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

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

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

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

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

[Page 35]

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

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

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

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

And if after a certain time allowed for notice, any Negroe or Slave is found working at any of the aforesaid Manufacturies, 'tis proposed that [Page 36] his Master or Owner shall forfeit his Right and Title to him or them, and the said Negro or Negroes shall be transported out of all the Plantations on the Continent to some of the Sugar Islands, or to the Spanish Plantations, there to be sold, for the Benefit of the King, and for the Benefit of the Informer.

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

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

The Governour of each Province shall be oblig'd to transmit a faithful Account of the Number of Master-Smiths, Master-Weavers, Master-Combers, Number of Looms, and Number of Journeymen employed in each Manufactury: which Account shall be every Year transmitted to the Lords of [Page 37] Trade and Plantations, with an exact Account of all New-comers and of their last Place of Abode.

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

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

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

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

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

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

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

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

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

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

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

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The Navigation now carried on between the Plantations, Spain, Portugal, and the Straits, without coming for England, is for Fish, Timber, Boards, Pipe-Staves, and other Lumber; and because of the Quickness of the Voyage, great Quantities are sold in those Countries, for which large Sums are remitted, and laid out to purchase Manufactures in England.

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

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

But as soon as this Liberty was restrain'd, our Markets to Portugal, &c. were lost, and the Planters fell under such Discouragements, that they have not proceeded with the same Vigour in raising Rice ever since; which is a very great Loss to the Manufacturers of this Kingdom: for all the Money which our Planters can raise, is sent here to buy them Clothing and Necessaries; so that England loses the selling of just so much in Manufactures and Merchandize as is abated in the Quantity of Rice that might be exported to Portugal, &c. For our People in the Colonies think it their happiness to be clothed with our Manufactures, and while there, to scrape up something to send home, that if possible they may return to Old England, [Page 40] their original Soil, and here, in Plenty and Ease, spend the Remains of Life.

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

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

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

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

[...]

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

IT is not possible that the Island of Barbadoes in particular, without making less Sugar, can ever make more Rum than they have lately made; nor can it be imagined, that they will make more Sugar there in a Year, than hath been made [Page 4] there in Time past; yet all the Sugar, Rum, and whatever has been produced there, has been taken off their Hands, at a Price too always above what these Goods might have been purchased for from the French. Now supposing our other Islands to have produced all the Commodities which they possibly could, and that all those Commodities have been constantly taken off their Hands by England, and our Northern Plantations, and have not been enough for them; but they have been under the Necessity of taking vast Quantities of Molosses from the foreign Islands; which some of those Northern People daily distil into Rum, and are likewise glad to take some Rum from these Foreigners to supply their Indian Trades, their own People, and, what is still more absolutely necessary, their Fisheries, which above all Trades whatever deserve the highest Encouragement. Supposing this to be the Case (which it really is) then it is obvious that our Northern Plantations ought not to be restrained from trading to the foreign Islands. In many Trades it is not easy to distinguish the profitable from the disadvantageous. This of the Fishery is an inexhaustible Mine. Hence arises more visible Advantage than by any Trade which we drive; yet a very little Deviation from the Ways we are now settled in might ruin the whole Trade. I will take upon me to say, that if our Northern Colonies should be prohibited from trading to the foreign Islands, [Page 5] that in two Years Time the French in their own Vessels would supply all the Fishermen that were left (if any should be left) with Rum and Molosses from Cape Breton; and the Charge to prevent this (if it were possible) could not be sustained by the Trade.

But to reduce this Argument to Order. Barbadoes, all the Leeward Islands, and Jamaica, produce all the Sugar, Rum and Molosses which they can produce; and these are all taken off their Hands by our own People, and our own Shipping: And though they do not produce sufficient for all our Demands, they desire that we will oblige ourselves to take none from any others, though those would sell us cheaper: And this they say is for our Interest, which I am so blind as not to see; but should really think, that if after our own Sugars, &c. were brought home, and we had not quite enough, and knew where to get them, especially when they were to be got cheaper, which I certainly do, that it would be better to send for them, than wait a great while, and at last be obliged to buy them out of Hucksters Hands. Nay I protest, so far am I from seeing, as these Gentlemen would have me, that I think if we did not want an Ounce of any of those Commodities, and could be employed to bring all the Sugar from Brazil, and all the Rum, Sugar, and Molosses from the West-India Islands, that we might make as good a Hand of it as any trading People whatever, perhaps [Page 6] have full as much Profit upon the Whole, as the Owners.

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

The French by two several Edicts, one Jan. 27, 1726, and another in August 1727. took off a Restraint, which till that Time they had continued upon their own Sugar Colonies, viz. that of obliging all their Ships to come to France first, with the Production of those Colonies; and by those Edicts, gave full Liberty to their Merchants to send directly to Spain all Sugars, and other Merchandize, the Produce of their Islands in America, (Muscovado or raw Sugars only excepted). By this the [Page 7] French, who I am confident, cannot navigate so cheap as we, have an Advantage of getting their Produce to Market cheaper; and consequently, supposing our Plantations and theirs upon a Par in all other Respects, can get, when our own would lose. Wherefore, tho' I cannot think it proper or convenient at this Time to restrain or prohibit our Northern Colonies, or indeed any other Trade that we have with the French in the West-Indies for Sugar, Rum, Molosses, or any other Productions of their Islands: Yet I am of Opinion that our own People ought to be put upon a Par, at least with those of any other Nation, especially where it will not be attended with any ill Consequence to this Kingdom: And therefore to put our own Colonies upon an equal Foot with the French, I think that they ought to be permitted to carry their clay'd Sugar directly to any Part of Europe to the Southward of Cape Finisterre, obliging the Shipping to the same Rules and Restrictions that those are under, which carry Fish and Rice from our Northern Colonies there.

With me there is no Doubt of such Regulation being an Advantage to this Kingdom as we are now circumstanced. Suppose for Instance, that John English is at Barbadoes possess'd of 2000 Hogsheads of Sugar, and that he is well inform'd that all the Markets in Europe to the Northward of Cape Finisterre are fully supplied with Sugars, he really wants to [Page 8] turn that Sugar into Money, and wants that Money in England; but, as I said before, England being supplied, and he wanting Money only there, and hearing also that his Sugars would sell in Spain or Italy, he carries them there directly and sells for Money, which he remits to England, in this Case England becomes possess'd of the whole Money these Goods sold for at the best Market, only one Freight deducted, that is, the Freight from Barbadoes to the Place of Sale directly, which to Spain, or even to Italy, will not exceed the usual Freight to England. Now if he is oblig'd to go to England first, though he knows that Kingdom cannot take them off his Hands, and that he must carry them to Spain or Italy afterward, will he not have a great deal of Reason to complain, and may he not say, and reasonably too, "Why do you put me to this unnecessary Expence of double Freight and double Charge? Every Penny which I lose is lost to the Kingdom, or would be saved to the Kingdom by the contrary Practice. For suppose, for Example, on this Account, here are 200 Men of your Kingdom employ'd in this Service, for which your Kingdom is to receive a certain Price or Reward, is not the quickest and cheapest Way of doing it the best for you, as well as me? You have Business enough to employ those Men in afterward, or if not, they may be profitably employed by others, and by [Page 9] that Means acquire just as much more as I should save. Will not my Sugars sell for as much more, when carried from our own Islands directly, as if they had been brought to England and landed there, and then shipped off for such Place? Yes surely, and with less Waste to me, as well as Charge, the whole Produce of my Sugars will as certainly center in England in one Case as the other."

I will defy any one to prove the contrary of this, yet do we still continue to restrain our own People from enlarging and extending our own Trade, while other Nations are using all the Means they apprehend to be in their Power to extend and enlarge theirs. Hence I apprehend the Reasonableness of tolerating our Shipping to carry clayed Sugars to any part of Europe within the Limits aforesaid; and whereas there remained as a Duty to the Crown about 8d 1/2 on every 112l. exported hence, I would propose, instead thereof, to pay to his Majesty's Receiver of enumerated Duties in all our Colonies, 12 Pence per Hundred upon all Sugars shipp'd thence, for any Part of Europe to the Southward of Cape Finisterre. This is what I really apprehend will be for the Good of this Kingdom; we shall in all Respects be Carriers of the same Quantities we now are, and there will be gained or saved to this Kingdom just so much as the Freight from England to Spain, or Italy, at least. This I conceive [Page 10] will put our Sugar Colonies upon a Par with the French; and I should really be very glad if I knew of any other Way of serving our Islands without Detriment to the Publick. Should we lay on any Duties upon the French Commodities imported to our Northern Colonies, they ought to be very small, lest we should lose what is so very beneficial, I mean the employing of at least 15000 Tons of Shipping, and not less than 2000 Men, beside the Advantage of supplying our Fisheries and Indian Trades cheap, thereby also enabling the Northern Colonies to make such considerable Remittances here in Money, as well as in Indigo, Cocoa, Sugar and Rum. For, as they trade for all these Commodities with the French as well as English, whatever remains over and above their own Use, is saved and sent home, more especially such Part or Commodity as was produced on any of our own Islands, which is equal to so much real Treasure brought into this Kingdom, either to supply our own Wants, or to sell to our Neighbours; for all which, beside the real Freight and Commissions staying with us for ever, we send them in Return woollen Manufactures principally, by which Means we are greater Gainers than we should be by those who took from us principally the Manufactures of India, Holland, Flanders, or Germany; and all that is gained this Way, is by our own Labour chiefly.

[Page 11]

The Lumber which our Northern Colonies supply the French with costs nothing but Labour, and their Horses would be of of of (sic) no Value, but for that Trade; and what is worst of all, if we did not supply them that Way, they could serve themselves, by which they would increase their Trade and Navigation exactly in Proportion to our Loss. With Lumber they might be supplied from their Settlements of Mobile, Pansecola, and Fort Louis, in the Bay of Apalachy. I will suppose a Sloop loaden with Lumber there, (and she may be as easily loaden there as in any Part of the Universe) and will leave it to any Man acquainted with Navigation and Freighting of Sloops, whether in Time of Peace particularly, if he were offered twenty Shillings in a Ton more Freight from thence to Martinico than from Carolina, Virginia, Philadelphia, New-York, Rhode-Island, Boston, or any other Place on the English Continent of America, he would not accept of it from the Bay of Apalachy. I declare I would; and I am persuaded I could make more Voyages in a Year between Mobile and Martinico, than I could between Boston and Martinico, as I should be pretty sure of a fair Wind always from Martinico down to the Bay; the Time of gaining a Passage thence through the Gulph, would not be longer than the Advantage I had by the Shortness of the Passage down: And considering that in this last Case you are more out of the Way of North [Page 12] West Winds, and never in the Way of them, but when they would be fair for you, really I can make but little Difference in the Choice of the Voyages; but admitting it were twenty Shillings per Ton, what a prodigious Sum should we lose, and the French be so little, if any worse, supplied?

Then as to Horses and Mules, they may be supplied with them full as cheap from the Spanish Coast. I allow that they must give perhaps thirty Pieces of Eight for each Mule upon the Coast in the Way of Trade; or if they purchase at Curasoa, as they generally have done, they pay so much Cash; I will suppose in this Case, after Freight and all other Charges, that a Mule in Martinico cannot be sold for less than 400 Livres (i.e.) 25 Pistoles there. In this Case Martinico is as well supplied as if they could have New England Horses, or any other, at half that Price; and it will be allowed me by all who know this Trade, that I have not advanced any Thing about the Mule Trade which hath not been practised. Horses are of such small Value on the Coast of Coro, that as fine Horses as I ever beheld are sold for two or three Pieces of Eight each in Trade. These we cannot carry to Martinico, because the Charge would be the same, or more, than on a Mule, and they would not sell for above half a Mule's Price. I have been told by both French and Spaniards, that a Mule will continue fit for Service 45 or 50 Years, and that [Page 13] they are not so liable to Diseases in any Degree as Horses, though they use them more cruelly, and take no manner of Care of them. I have shewn where they may have their Lumber, and where they may again be supplied with Cattle more to their Profit than they now are.

I will just mention an Advantage which the Government at present enjoys by the Importation of Rum, which I apprehend would be quite lost, should our Northern Plantations be restrained from trading to the Foreign Islands. All the Rum which our own Islands produce, is not sufficient to supply the Northern Colonies, if there be Truth in some Reports, and I am inclinable to believe them, viz. That ^* there hath been 20000 Hogsheads of French Molosses manufactured into Rum in New England in one Year, beside French Rum imported; the Consumption on that Commodity must be prodigious there, for I am well assured that a Gallon of Molosses will make a Gallon of Rum; consequently there was, at only 63 Gallons per Hogshead of Molosses, (though they are generally from 80 to 100 Gallons) 1,260,000 Gallons of Rum made in Boston in one Year, which I believe is more than ever was imported in one or two Years into England. This will plainly prove, that if Boston must and doth expend annually such a Quantity, or but half of [Page 14] it, by prohibiting the Trade between the Northern Colonies and the French Islands, not one Drop of Rum could be brought home here, and consequently the Revenue would suffer just the Sum now received on that Head, until the French had settled into a Trade of sending their Rum to Europe, which there is no Reason to doubt but they would, as well as send Sugars to Holland and Hambourgh. Then I expect we should have French Rum imported here (as we now have their Brandy) to the Loss of all the Advantage we now receive by that Commodity.

Some Gentlemen, I am told, say, that the French would throw away all their Molosses, if the New-England Men did not take it off their Hands; whence they can have Reason for this, I cannot imagine. Fifty, nay forty Years ago, I have heard that the Molosses were all wasted in Jamaica. They produced fine Sugars may Years before they made any Rum, and were taught at last by the Barbadians to make Rum, even better than their own. The Northern Colonies used to take all that they produced at first, but when they excelled in the Goodness of that Commodity, and found that it would answer to send it to England, they raised their Price so high, that very small Quantities are taken from thence by the Northern Colonies, yet they want not a Vent for all that they can produce; and I am well assured, that if Jamaica were now to be hinder [Page 15] ed or restrained from importing Rum or Molosses into Great Britain, or any other of his Majesty's Dominions, that they would notwithstanding such Restraint, have Vent for their Rum; and that there would not be one Drop less made, nor one Gallon of Molosses wasted, more than now is. The Dutch would be glad to carry it to Holland, if it were but a very little cheaper than it generally is in Jamaica. It is not an unusual Thing for the homeward-bound Ships in Curasoa to take in Proportion to the Price of Rum from three or four; to twenty Puncheons of Kill Devil, as they call it. I have known vast Quantities of Rum there at a time, as well as Sugars, from the English, French, and Dutch Islands, and the Island of St. Thomas. There are many Ships of vast Burden there frequently, and they are glad of Sugars, or indeed whatever will answer in Holland, to fill up; and if we were weak enough to suppose that the French would waste their Molosses now they have learnt (tho' God knows they knew before we did) how to extract a Spirit from Molosses, we should be as much deceived as those Gentlemen are, who think they could not be supplied with Cattle or Lumber but from our Plantations.

During Queen Anne's War they made Rum in Martinico, for I have tasted it on Board of more than one Martinico Prize during that War, and they then found Cask for their Su [Page 16] gar, Rum and Indico, &c. In the Year 1713, or early in 1714, when I believe that Island had never received any of our Northern Lumber, but such as they had taken as Prize during the preceding War; then was I told by several Gentlemen of that Island, that notwithstanding that long War, they had increased their Plantations, Numbers and Produce to such a Degree, that they then employed three Times the Quantity of Shipping that they could before that War. At Fort St. Pierre, and Fort-Royal, there was then above sixty Sail of Ships, some of them of forty Guns, and all Merchantmen; even then there was a good deal of Wood upon the Island; and I have seen many Hundreds, I believe many Thousand of Tierces, made of the Wood which grew on the Island. I have seen the Coopers making them, and if that Island is now cleared, surely they would make free enough with Dominico, St. Lucia, and St. Vincent; as they hitherto have done for Mill-Wood, and their principal Timber, &c. Whereas if we were to exert our selves, as I believe we have a Right to do, and hinder them, have not I shewn where they could have enough? But the Danger of their encreasing upon our Backs in America ought to be of some Moment in our Considerations on this Affair, as well as the Increase of their Shipping and Navigation, which, in Case of any Rupture between the Crowns, would [Page 17] make them more formidable by Sea, where only we have any Reason to value them.

In the last mentioned Year a Person of my Acquaintance bought several Hogsheads of Rum in Martinico, as well as Sugar, and carried them to Curasoa. The Rum he bought for six Sol's, which was not 4d. Sterling per Gallon; for a Pistole then, and I think now is, 16 Livres: However so it was, and continued from 1713, to 1716, to my Knowledge, Then too were great Quantities of Money sent from Barbadoes to Martinico, and much greater Quantities brought back from Martinico for it: For as Money went by Tale among the French, and by Weight with the English, all the light Money was carried from the English, and the heavy brought from the French. I have received a good Pistole or Lewis d'Or there in Exchange for 32 Ryals, which I am sure did not weigh two Ounces; so that I am not so much surprized to hear, that that Island wants Money, and insists on Part Money, when they sell their Sugars, as I was then at their Weakness; and indeed if I had ever expected any Complaint against that Trade, I should have thought that our own People should have been the last to have made it. The Trade we carry on there is against their Laws: The Governor there, it is true, hath a Power to admit of Necessaries being imported, at the Request of the Inhabitants; but if he were not constantly bribed by our People, he might see more clearly, and [Page 18] act more for the Good of his Countrey.

Monsieur Du Quesne, who succeeded General Phelipeaux in the Government of that Place, knew the Interest of his own Countrey very well; yet he was better satisfied that Englishmen should bring Mules to that Island, for every one of which he received 100 Livres, than if their own People had done it, where he could have got nothing at all. Are there any of our People trade there without bribing the Governor? No, not one: Yet after all these Bribes paid and included, I can purchase forty Thousand Pounds of Sugar there for less Money, or less Goods, than I can in Barbadoes, or any of our own Islands; and, if permitted, could bring them to England, and afford them 20 per Cent. cheaper: But as I cannot do that in England, being restrained by Law, I carry those Goods to Holland, or Hambourgh, or Spain, or Portugal or North America, and there can actually gain 20 per Cent. more than I could have done, had I purchased them in Barbadoes. Why, say some People, "This is what we have been proving, and would have you believe this is a real Detriment to England. Had not the Englishmen better sit still, than carry Frenchmens Goods, though they get 20 per Cent. more by them than they can by their own, and leave the French to carry their own Goods themselves? They are able enough, we warrant you, and will soon be used to it. We, with the Assistance of the [Page 19] other Islands, can supply Great Britain, and the Plantations with all they want; though lately indeed we have proved, that the Northern Colonies have taken above half their Rum and Molosses from the French and Dutch, and all that we made besides, except what Rum we sent to England. Now notwithstanding we have really made as much Rum, Sugar, and Molosses upon the Island of Barbadoes, as is possible we ever can do again, because there's not a Foot of Ground unimproved in the whole Island. And though all the other of our Islands have produced as much Rum and Molosses as they were able to do, not wasting a Drop of either, and the Northern People took off all that too, and as much more of the French and Dutch, yet we can supply them ourselves; tho' we prove we all cannot, or have not, produced so much by one half as they have taken, and will want."

Another Thing hath been advanced which shews equal Strength, namely, that it is a Damage to this Kingdom to purchase Sugar at Martinico, especially with Money. I will suppose that an English Ship hath delivered a Cargoe in Barbadoes, for which her Merchant hath received 4000 Pounds; Sugars are so dear at Barbadoes, he will rather bring the Money home to England, than lay it out in a Commodity, when he apprehends that he shall lose by it; therefore so much Cash which, I will sup [Page 20] pose, comes safe home, adds to the Kingdom 4000 Pounds. Another Ship and Man I will suppose under the same Circumstances at Barbadoes; but being informed that Sugars are cheap at Martinico, with his 4000 Pounds goes thither and purchases Sugars; which as he cannot come to England with directly, he carries to Holland, where Sugars are never much dearer, or much cheaper than in England. I will ony suppose in this Case, that he bought his Sugars 10 per Cent. cheaper than he could have done at Barbadoes, which will be sufficient to pay Freight: When in Holland he finds, after deducting 10 per Cent. which will pay his Wages, and Wear and Tear for his whole Voyage, he has just 4000 Pounds left, which he brings to London. Pray, who maintained this Ship the whole Voyage? Certainly the Dutch. And who the other, but the English?

When I see and hear Propositions which are self evident, controverted and denied, and Impossibilities advanced for Truths. When a Gentleman tells Mr. Britain there are two Places between the Tropics equally distant from your Kingdom, one is inhabited by Mr. French, and the other by Mr. English; they produce the same Commodities, and equal in Goodness. I know you have taken off all Mr. English's Produce for many Years, and when you have had more than for your own Use, you supplied Mr. Holland, who, I have heard you say, paid you very honourably; and that you gained very [Page 21] well by him, he having paid the whole Charges you were at in bringing home, and carrying to him such Produce, which maintained a very great Number of your People very handsomly. Mr. French hath offered to sell you his Produce 30 per Cent. cheaper than Mr. English does, and you may send it to Mr. Holland more directly than you used to do, nay for a great deal less Charge and Expence; and tho' I know he would give you just as much for one as the other, you had better take Mr. English's: Tho' I allow, Mr. Britain, you might get 40 per Cent. more in one Case than the other; yet it is your Interest to trade with Mr. English only, tho' you might get more by 40 per Cent. by Mr. French, and take off all Mr. English's Goods beside. This, I say, hath been maintained, and it remains a Doubt with some, as they say, whether Mr. Britain ought not to do as he is advised; tho' at the same Time too he is well assured that Mr. French designs to undertake that Business himself, and will, in that Case, be always able to undersell him, with Mr. Holland. Yes, there are People who say that Mr. Britain should not take any of those Advantages offered by Mr. French, tho' the Thing is demonstrable, that if he doth not, he will, in a little Time, lose all his Business with Mr. Holland, and be in Danger of wanting such Goods for his own Use and Consumption. What would any one think of Mr. Britain, if by such fine Argument he was persuaded to [Page 22] take their Advice? Why, that he was a Fool, or a Dotard. Yet this is all that they have to say.

I have so plainly shewn how the French have been supplied with Lumber and Cattle, that I persuade myself, that no Person acquainted in the least with that Part of the Globe, and the Trade thereof, will say, that any Thing which I have advanced, with Regard to their being supplied, for the future, from the Places, and in the Manner I have mentioned, either impracticable, or so much as improbable. I have set forth the Danger of our putting them under the Necessity of improving their Settlements in the Bay of Apalachy and Mississipi; how dangerous the Encrease of their Shipping and Navigation will be to us; the real Damage it will be to us, to lose the Employment of all the Shipping which we now employ in that Trade; or, what might be as properly said, lose the Employment of Twelve or Fifteen Thousand Tons of our Shipping, which the French now pay us for. Is there any one will say that they do not? That would be as absurd as to deny, that Spain doth employ an English Ship, in the following Case: Sen. Don Diego Cadiz acquaints Mr. John London, that he wants Long-Ells, Broad-Cloth, Druggets, Callimancoes, Bays, Fish, Tin, Lead, Wheat, &c. to the Quantity of 500 Tons; and lets him know what Commodities he proposes to pay him with, namely, Wine, Oyl, Cochineal, [Page 23] Wool, and Pistoles, &c. We are to suppose, Mr. London knows the Price current of all these Commodities, in Spain as well as in England; and seeing there's a great Probability of Advantage and Gain to be made, he sends a Ship of proper Burthen, for which, as it is his own Ship, he charges 30 Shillings per Ton Out, and as much Home. When the Spanish Cargoe arrives here, and is disposed of, he finds, after Freight, Commissions, and all other Charges are paid and allowed, he hath neither gained or lost by the Neat Proceeds of this Voyage: But the Freight, tho' it may not be called all clear Profit (yet, supposing and allowing the Maintenance of all the Men which mann'd the Ship, and the Wear and Tear of the Ship included, in the constant Expence of our Nation) I say, that whole Freight would be clear Gains to he Kingdom, viz. Fifteen Hundred Pounds, which undoubtedly we received from Spain. Hence Spain may be properly said to have employ'd an English Ship: Whereas, if just the contrary had happened, that Spain had been the Carrier and Adventurer, had not we paid them the Fifteen Hundred Pounds.

I will now suppose, that the Gentlemen of our Sugar-Colonies were indulged, and that a Restraint was laid upon all our Shipping trading to the French Colonies, on any Pretence whatever. If the French could produce as much Sugar as they used to do, and send [Page 24] it all to Europe, which, I think, no Body will doubt would be the Case; and that they would send just as much more than they used to do, as our Northern Colonies took from them, and consequently encrease their Shipping on that Score too; they would, in that Case, influence the Markets, or Price of Sugars in England, just as they have hitherto done: For I will defy any Regulation in England, or our Plantations, to persuade Hambourgh, Amsterdam, or Cadiz, to give us more Money for our Sugars, than they will give the French for theirs, while equal in Goodness. Hence, while our Sugar-Colonies produced any Quantity of Sugars more than these Kingdoms and our own Plantations in America consumed, the Prices of Sugar in Europe would not be affected thereby, and consequently not in these Kingdoms, because there is so near a Proportion in the Prices of all Commodities between us and our trading Neighbours: And so far, I confess, I am not able to perceive any Advantages these Gentlemen propose, either to themselves, or to this Kingdom. As far be it from me to suppose they imagine, that as the Consumption of that Commodity is so much encreased in these three Kingdoms, and the Northern Colonies in America, that, communibus annis , we might take off, or be in Want of all that they produced, for our own Use. In that Case, they would have it in their Power to make us pay them their [Page 25] own Price, or be under the Necessity of buying from the French in Europe; for when we have no other Market to go to, may they not serve us just as a famous trading People are reported to serve the World? That is, they let them have just as much Spice as they perceive they consume in Proportion to the Demand of the Consumers: If they have great Quantities remaining, they will rather burn and destroy them, than sell under what they themselves call a good Price. I say, I would not so much as suggest that any Gentlemen could have any such Design; but I would reckon and esteem those People extreamly weak and imprudent, who put it in the Power of any Body, or Colonies of People, to serve them so; and more especially when they, the Parties, seem'd so sollicitous about it themselves. The Northern Colonies would be under the Necessity of paying them whatever they demanded for their Sugar, or be obliged to send to Europe for all that they wanted: And tho' those very Colonies took from our own Sugar Islands all the Rum and Molosses they produced, and tho' one Town in one of those Colonies took at least Ten Thousand Tons of Rum and Molosses, the Produce of one French Island, namely, Martinico, together with the vast Quantities of the same Commodities that were the Produce of Surinam, Guienne, Guadalupe, Granado, Cape François, [Page 26] &c. that were imported there, and to all the other Colonies, all of which was but equal to their Consumption and Demand; yet these People in the Northern Colonies, in this Case would, according to the Opinion of those Gentlemen, be deprived of above one Half of those Commodities, which, by such long Use, are become absolutely necessary for them, in carrying on their Indian Trade and Fisheries, two of the most valuable and profitable Trades to this Kingdom, beside what is used in those Plantations where they produce Rice, Pitch and Tar, Tobacco, Wheat, &c. in all which, it is the Interest of this Kingdom that they be produced so cheap, that we may supply other Nations with those Commodities, whereby this Kingdom will reap the whole Profit and Advantage.

Now, as the Gentlemen of the Islands would have these People in the Northern Colonies entirely dependent on them, and as they are sure they can have none of these Things from any other Quarter, might there not be some Danger, if these Gentlemen were not Men of nice Honour, that they would make the Northern People pay extravagant Prices, perhaps twice as much as they now do, which might entirely destroy the most profitable Trades we now carry on? I will defy any Person to prove that such a Restriction could have any other Effect, than to enrich the People of our Sugar-Colonies [Page 27] at the Expence and Loss of the Trade of this Kingdom, and the Destruction of some, if not many of our Northern Trades and Colonies. What these Gentlemen have done to raise such Expectations as they seem to be possess'd with, I cannot imagine; but whatever Kindness may be intended them, I hope that the People in the Northern Colonies, who are as useful Subjects, will not be distressed, to aggrandize the most wealthy, most opulent, and gayest People in His Majesty's Dominions, even very few about his Courts excepted; nor the Publick Revenue lessened, nor our Trade contracted, to encrease that of our greatest Rivals, while we have or inherit the Name of Britons.

The Gentlemen of Barbadoes could not perhaps have taken a more improper Time to complain of any Hardships, as they have imported no less into the Port of London in the Year 1730. than 17077 Hogsheads and 256 Barrels of Sugar from that Island only, beside the Quantity imported to the Out-Ports, which I will only allow to be one Third of the Hogsheads imported to London, viz. 5692 Hogsheads, in all 22769 Hogsheads, each Hogshead Weight in Barbadoes 13 Hund will amount to 295997 Hund. which at 1l. 3s. per Hund. in Barbadoes, must amount to 340391l. 11s. no inconsiderable Sum, when we consider the Smallness of that Island, which is not much [Page 28] bigger than the Isle of Wight, and the Number of People (which the Gentlemen of that Island assure us are very few) amongst whom this Sum is to be divided. But when we consider that all this is clear Profit, because those very Gentlemen have already proved before the Honourable Committee, that the Rum and Molosses pays all the Charges of the Plantation; and if we farther allow what we reasonably may, that but one twentieth Part of their Sugar was taken off their Hands by the Northern Colonies, the whole Amount of their Profits in the Year 1730. only, comes to 360306l. 18s. a Sum so prodigious when considered as clear Profit, that it may seem incredible whenever it shall be related, that a few People (very few as they themselves say) were so bad Oeconomists, that they could not live upon such a mighty Income, but petitioned like People in Distress and under the greatest Calamities, for the Means of getting more, from a People unacquainted with their Luxury and Excess, from a People who work and labour hard for their Living, from a People who have but few, if any Slaves, who inhabit Soils less fruitful, who are obliged to be Oeconomists or starve. Yes, such has been the monstrous Effect of the Luxury and bad Oeconomy of some People, that they have been intoxicated to so great a Degree as to persuade themselves, that for only asking they could oblige those who used not only to take all the Commodities they produced off their Hands, [Page 29] but were under the Necessity of taking from others to supply themselves, not to take for the future any such Commodity from any other, whereby they might be capable of making them pay double the Price for all Things which they produced, and the other wanted; the real Consequence of which would be, that the People on our Sugar Islands would get more Money for their Rum and Molosses and Sugar than they used to do. But who would they get it from? Either from our Northern Colonies, or England, or both. If that be the Case, as it undoubtedly is, how shall we be able when they have advanced upon us, to supply those Markets we now supply so cheap? But if we are by this Means to have no more than will just supply our selves and the Northern Colonies, where will the Advantage be to this Kingdom to pay more for their own Consumption? Or what Reason can be given why we should oblige the Northern Colonies to pay more for their Consumption, which in Effect would be taking from the Northern Colonies to give to the Sugar Colonies; none of which could tend to increase the Trade and Navigation of this Kingdom, but on the contrary that Number of Men and Quantity of Shipping now employed to the French and Dutch Sugar Islands (supposing all other Trades sufficiently supplied) would be useless; the King and this Kingdom would lose the Duty, [Page 30] Custom and Excise of a proportionable Quantity of these Commodities, as there could not possibly be so much imported here.

From what hath been said, I would persuade myself that few who read this will want to be convinced, as I really am, that there is no Occasion for any other Regulation in this Trade than that which I proposed about permitting our Sugar Colonies to carry their clay'd Sugar directly to any Part of Europe South of Cape Finisterre: And if a small Duty not exceeding 5l. per Cent. were laid on all French Goods permitted to be imported into any of our Colonies, and that Money so arising which I would have applied as a Bounty for the sending of Hemp and Flax from them to us: I say such a Duty upon French Goods, together with the Bribes given to Governours, &c. could not make them be afforded cheaper than our own, unless the French could produce much cheaper than our People; and if the last be the Case, we must not long think to supply those Markets, which they can as conveniently do. We have all Sorts of Materials for carrying on of such Business cheaper than the French; namely, Slaves, Provisions, all Manner of Plantation Utensils, Cattle and Lumber; and as we navigate cheaper, our Islands can send their Goods cheaper to Market than any other People can. Is it not owing to our producing Tobacco so cheap, that we sell above 30000 Hogsheads [Page 31] every Year over and above our own Consumption? What is this owing to? Not the Excellence of the Commodity only: Other Countries produce Tobacco which will sell for more Money; but we produce so cheap, and navigate so cheap, that I have great Reason to think if we go on but a little while longer at the low Price it hath held at for some few Years past, that other People will drop that Produce, and we may do in Tobacco what we once did in Sugar, namely, beat out all others, and make them decline the Production of that Commodity; this being once accomplished, as there is some Hopes, the Tobacco Trade will again flourish.

I have Reason to be of Mr. Gee's Opinion, who says Page 45, in his Book of the Trade and Navigation of Great-Britain considered: ‘"Our Planters are so far from being concerned at the Decay of our foreign Trade, that they have complained too many Sugars were made; and we may conclude will make what Interest they can with their Governors and others, to prevent their making and settling any new Plantations: If they can supply enough for Home Consumption at a great Price, it answers their Purpose. The Island of Barbadoes is very much worn out, and does not afford the Quantity of Sugars as heretofore; and yet the Planters live in great Splendor, and at vast Expence, while the [Page 32] French, under the Remembrance of their Poverty on their first Settlement at Hispaniola, continue to live very frugally, and by their Labour, Industry and Fertility of their Soil, are able to undersell us. The only Places we can think of where we may enlarge our Sugar Plantations are Tobago."’ To which I would add too the Island of Santa Cruz, which is equal to it at least. The whole Chapter whence I extracted this Part I think deserves as much Consideration as any Part of his whole Book, wherein is contained many just Observations on Trade; and tho' I cannot be of Opinion with him, that the south Parts of Carolina and the Bahama Islands are proper Places for Sugar, because I have been acquainted with the Success of several Experiments there, yet I think the farther settling of the Island of Jamaica to be of the highest Consequence to this Kingdom, which if we neglect, we shall be in Danger to be beat quite out of all foreign Trade by the French: And by that Means the Planters, who shall then remain in our Islands, may make us pay just what they please for their Produce, which seems to be their only Aim by the Petition.

The Remonstrance of these Gentlemen, with Regard to our Northern Colonies, taking and using French Silks and French Linnens, looks as if they were resolved to render them as odious to this Kingdom, as they already are to [Page 33] the Gentlemen of our Islands. As in all Informations where the Prosecutor is principally concerned in the Consequence, it is generally known, that as far as his own Word will be taken, he seldom fails of making out all he complained of; but by the Happiness of our Constitution, we very often have the Chance of obtaining an impartial Jury, who are to be Judges of Facts, as well as the Credibility of Evidence. Now if a declared Enemy will come and tell a Jury, "Gentlemen, the People in the Northern Colonies in America wear principally French Silks and Linnens; though they can have Silks and Sattins, Callicoes and Muslins, of the Manufacture of India, at least 30, if not 50 per Cent. cheaper than they can have the French Goods: Nay so fond are they of French Linnen, tho' they make Linnen worth 7s. per Ell themselves, that they will wear only French Linnen". Now what impartial Jury, who knew New-England-Men especially, could believe this? A Place where the richest Men follow Business closely, where Industry is principally regarded, where the Luxurious and Effeminate are discountenanced; a Place generally hated by the riotous and debauched Part of Men, because of their rigorous Laws and Customs; a People parsimonious to a Proverb: I say, were this to be related to a Jury of their Vicinage, they might think too much was [Page 34] proved, and shake their Heads at the Informer. If any of these Gentlemen will acquaint the Legislature with any more effectual Means to prevent the Consumption of any foreign Manufactures, either here or in our own Plantations, or shew that sufficient Care is not already taken to prevent such Abuses, as far as the Reason and Nature of the Thing requires, he may do a real Service to this Kingdom, and will then truly deserve the Thanks of every Briton.

FINIS. [...] [Page [i]] [Page [iii]]

Table of contents

• To the RIGHT HONOURABLE The LORDS and COMMONS in the High Court of PARLIAMENT ASSEMBLED: The Humble Petition of the Govenour and Company of MERCHANTS of London, Trading to the EAST-INDIES.
• Quæres upon the Trade to the East-Indies.

[...]

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

And First,

[Note: Strength. ] WHether it doth not much increase the strength of the Kingdom with Mariners, Warlike Shipping, Ammunition, and all Necessary Arts-men thereunto belonging.

[Page 2]

Whether it doth not greatly increase the General Traffique of the Kingdome, not onely as it is a very ample Trade of it self between England and the Indies; but also as it is an ample Staple or Magazine of many rich Indian Wares to send from hence into other Foreign Countreys.

THE Trade to the East-Indies some few years past, when we had War with the Portugals, did employ Fifteen thousand Tuns of Shipping all at once, either going or coming, or Trading there from Port to Port; but since (upon good experience) we find that so great a Charge is neither necessary for our defence; nor comportable by the Benefit of the Traffique, untill some further Discoveries may be made in China, or elsewhere, as is hoped: Nevertheless, (according to the present times) there may be imployed and maintained Eight thousand Tuns of great and warlike shipping, besided two thousand Tuns more here in the Kingdome continually repayring for the next supply of those Voyages.

[Page 3]

THis Trade as it is thus great in it self; so doth it yet further enlarge our Traffique and strength, by furnishing this Kingdom with all sorts of Indian Wares, not onely for our own use, but more especially for the necessary wants of Forreign Nations, which hath greatly encreased the number of our Warlike Ships, to export them from hence into Turkie, Italy, the East Countries, and other places: For proof whereof we instance some formertimes, when we have brought into England above eight thousand baggs of Pepper from the Indies in one Year (and may do so again if the Trade subsist.) Where this Kingdom doth not consume above one thousand and three hundred baggs per annum at the most; So the rest are Transported into Forraign Countries: And the like may be said for Callicoes, Indigo, and some other Indian Wares.

ALL which Additions of Shipping unto our fomer strength by Sea before this Trade began, do imploy many of His Majesties Subjects in sundry Arts to build and repair the said Ships, together with the making of Ordnance, Muskets, Powder, Shot, Swords, Pikes, Cordage, Canvas, and other necessary Ammunitions and Provisions thereunto belonging; besides a multitude of Mariners, whereof many of them are Shipped from hence. Landmen, or such as were not formerly used to the Seas, but are bred and made good Mariners by these Voyages, which otherwise at home (being without Arts or maintenance) are a heavy burthen to their Friends and Country.

AND if it be Objected, that this great encrease of Shipping which is here declared, is not always in the Kingdom upon Occasion of Service, the Answer is. That neither are the Ships of any other Merchants here at home, but some are going, some are coming, and ever the least part are in the Kingdom; yet still wheresoever they are, His Majesties Subjects have by them their imployment and [Page 4] maintenance, and the Kingdom as well as the East-India Company have had their Service: For how famous are their exploits in all Nations? How many rich Carracks have they sunk and spoyled? How many assaults of Spanish Gallions have they withstood and spoyled? What slaughter of their Souldiers, sack of their Towns, subversion of their Trades, and such like Honourable Actions have they performed? And all with little loss of Ships or Men? It would require a large Discourse, to declare the particulars: Neither doth the East-India Company commonly want two thousand Tuns of Shipping or more here in the Kingdom, which are either in building or repairing, together with all their Ordnance and other Warlike Furniture, besides their Store-Houses and Dock-yards, plentifully provided with Timber, Planck, Cordage, Powder, Shot, and many other necessary Ammunitions both for themselves, and often-times to help others, with such Provisions as cannot elsewhere be found for money in this Kingdom.

THere is yet one common Objection, but it is so weak that it scarce deserves an Answer, which is, that this East-India Trade destroys our Shipping and Mariners, when clean contrary to this we have already shewed the great encrease of both; and if Men dye in these long Voyages, and Ships by length of time be laid up, either here or in the Indies, yet what's all this but Natures course? And that which happens here at home in oure nearest Trades, although with far less noyse and notice: How many brave Commanders have we bred from mean degree? (whereof divers are still in our Service) some at this present are found worthy of good places in His Majesties Navy, others (being grown Rich) do either keep at home, or follow shorter Voyages; but leaving these Advantages, we do Answer all with this, That whatsoever is pretended in the decay of Shipping, or death of Men, yet notwithstanding the Kingdom, by this Trade hath obtained no less increase [Page 5] or clear addition both of the one and the other, which continually subsist and Are in Action, than is before declared.

[Note: Wealth. ] Whether it doth not increase the general stock and wealth of the Kingdom.

Whether it be not a means to save the particular Subjects much money yearly in their ordinary expences upon all sorts of Indian Wares.

Whether it doeth not much increase His Majesties Customs and Imposts in the yearly Revenue.

Whether it is not a good means to improve the price of Lands, Wools, Tin, Iron, Lead, and other the Native Commodities of this Kingdom.

Whether the King and the Kingdom (also) have not gotten much by this Trade, even in this late disastrous times, when the Adventurers have lost great matters.

HEre we have five Quæres which must be all proved severally; the first is general, wherein we must consider how the whole Kingdom may be inriched by our Commerce with strangers, the which to perform, although it hath one and the same Rule in all the particular places of the Trade, yet is not every Country alike profitable to this Common-wealth, for the remotest Traffique is always most beneficial to the publick Stock, the Example may be framed thus. [Note: The places of our remotest Traffique are most profitable to the Commonwealth.] Suppose we therefore, that Pepper were constantly worth 2 shillings the pound here in England, if we should then fetch the same from Holland, the Merchant may pay there to the stranger twenty pence the pound out of this Kingdoms stock, and gain well by the bargain; but if he fetch this Pepper from the East-Indies, he cannot give there above five pence the pound at the most to obtain the like gain, when all charges are considered; which doth suffici [Page 6] ently shew the great Advantage we have to buy our wares in those Remote Countries, not onely for that part alone which we spend and consume, but especially for that great quantity which from hence we Transport yearly into other Countries to be sold at higher Price than it is worth here in England; Whereby it is plain, that we make a far greater Stock by gain upon these Indian Commodities, than those Nations do where they grow; and to whom they properly appertain, as being the Natural wealth of their Countries: [Note: We may grow rich in Trade by the Stock of other Nations.] Neither is their less Honour and Judgment by getting Riches in this manner, upon the Stock of other Nations, then by an industrious increase of our own means, especially when this latter is advanced by the benefit of the former, as we have found in the East-Indies by Sale of much of our Cloth, Lead, and other Native Commodities, the vent whereof doth daily increase in those Countries, which formerly had no use of our Wares, but for the better understanding of that which hath been said, we must not forget to distinguish between the gain of the Kingdom, and the profit of the Merchant. [Note: Cloth and Lead vented in the East-Indies.] [Note: A distinction between the gain of the Kingdom and the profit of the Merchant.] For although the Kingdom pay no more for this Pepper than is before supposed, nor for any other Commodity bought in Forreign parts; more than the stranger receiveth from us for the same; yet the Merchant payeth not onely that price, but also the fraight, ensurance, Interest, Custom, Impost, and many other Charges which are exceeding great in these long Voyages; but yet all these in the Kingdoms account are but commutations among our selves, and no privation of the publique stock, they remain still in the Kingdom.

NOW, concerning that which every particular Subject of the Realm saveth in his Ordinary expence of Indian Wares, it is manifest that heretofore when we brought Indico from Turkie, that sort was ordinarily sold here for seven shillings the pound or more, which now we sell for five shillings the pound and under: Pepper then ordinarily [Page 7] at three shillings, and three shillings four pence the pound, which now is sold by the East-India Company for 18. pence the pound, with long time also given therewith for payment, and so likewise of divers other wares, but for Cloves, Maces, and Nutmegs, they are at very dear prices, because the Hollanders having expelled our people from the Islands of the Moluccoes, Banda, and Amboyna, do still keep us by force from the trade of those Spices: [Note: The Hollanders ingrossing of Cloves, Maces, and Nutmegs, have made them exceeding dear.] In which wares, when we enjoyed the freedom in the Indies that unto us belongeth, we sold those Spices at low rates: But as the Dutch have raised the price of these Commodities, so would they much more inhaunce them and all other the rich Wares of those Countries, if we should abandon or be basely driven from the Trade.

THE next Quære needs but little proof, for who can truely say that his Majesties Customes and Impost are not multiplyed, when the Traffique of this Kingdom is so much encreased: onely this we will affirm, that if the Trade to the East-Indies were so well encouraged that it might be effectually followed, it would yearly bring to his Majesties Coffers much more than now it doth.

THE next Quære concerns the Kingdom neerly, for it is no small worth to improve the price of Lands, which never hath nor can be done, (to the common benefit) but by the prosperous successe of our forraign trade, the Ballance whereof is the onely means and rule of our treasure: [Note: The ballance of our forraign trade is the true rule of our treasure.] that is to say, when either by issuing out of the Realm yearly a greater value in Wares then we consume of forraign Commodities we grow rich, or by spending more of Strangers goods than we sell them of our own, we are impoverished; For the first of these courses doth bring in the money which we have, the last will carry it away again when we have got it. It is a true saying that plenty or scarsity of mony makes all things dear or cheap in a Common-wealth, but it is necessary to distinguish the seeming plenties or money [Page 8] from that which onely is substantial and able to perform the work; For there are divers wayes and means to procure plenty of money into a Kingdom, (for a short time) which do not therefore inrich, but rather impoverish the same, by the several inconveniencies which ever accompany such alteration.

FOR first, if we should melt down our Plate into Coyn, which suits not with the Majesty of so great a Kingdom, except in cases of great extremity, it would cause plenty of money for a time, yet should we be nothing the richer, but rather this Treasure being thus altered, is made the more apter to be carried out of the Kingdom, if we exceed our means by excesse in forraign wares, or maintain a War by Sea or Land, where we do not feed and cloath the Souldier, and supply the armies with our own native provisions; by which disorders our Treasure will soon be exhausted; for it is not the Merchants exchange by bills that can prevent the least of these evils, as some have supposed. [Note: Treasure which cannot long remain with us.] Again if we think to bring in store of money by suffering forraign Coynes to passe currant here at higher rates then their intrinsick value, compared with our standard; or by debasing, or by inhauncing our own monies (as some men have projected) all these actions bring their several inconveniencies, and notable ruines, as well to the King, as to his Subjects, of which we omit to enlarge, (because it is not much pertinent to our cause in hand) but rather admitting that by these courses, plenty of money might be brought into the Realm, yet should we be nothing the richer, neither can such treasure (so gotten) long remain with us, for, whether it be the stranger or the English Merchant that brings in this money, it must ever be done upon a valuable consideration, either for wares carried out already, or after to be exported, which helps us nothing except the evil occasions of excesse or War aforenamed be removed, which will exhaust our treasure; for otherwise, the money that one man bringeth in for gain, a [Page 9] nother shall be forced to carry out for necessity, because there shall ever be a necessity to ballance our account with Strangers, although it should be done with great losse upon the rate of the money which is exported, and peril or confiscations also, if it be intercepted by the Law, for necessity or gain will ever find some means to violate such Laws.

[Note: The great increase of strangers inhabiting here, doth impoverish this Kingdom, and begger our poor by depriving them of their Arts, and manufactures, raising the price of Corn, victuals, Rents and the like.] BUt if it should be objected that the price of our Lands are not improved onely by Treasure gained in our forraign Trade, but also by a great increase of people, whether they be natives or strangers, or both: The answer is, that the first of these wayes doth perform it to the (common benefit) and the latter to the inriching of the Landlords only by a manifest impoverishing of the Kingdome: For our experience in one particular doth teach us, that of late years we are grown so populous, that we can spare no corn to transport into forraigne Countries, but sell it all here to serve our own wants at dear rates, which formerly when it was much cheaper imployed many ships and marriners to export it unto strangers, and thereby returned us store of Treasure, which great benefit to the Kingdome is now lost. And as hereby the exportation of our native Commodities is much diminished, so our consumption of forraigne Wares is as much increased, which is a double means to impoverish this Kingdome.

[Note: Treasure that doth remain with us inrich us, and doth improve our Lands.] THe business then is briefly thus, that as the treasure which is brought into the Realm by the ballance of our forraign trade, is that money which onely doth abide with us, and by which we are inriched, so by this plenty of money thus gotten (and no otherwise) do our lands improve, for when the Merchant hath a good dispatch beyond the Seas, for his Cloath, and other our native wares, he doth presently return to buy up the greater quantity which raiseth the price of Wools, and other Commodities, which doth improve the Landlords rents, as the Leases expire [Page 10] dayly; and also by this means money be gained and brought more abundantly into this Kingdom; it doth inable many men to buy Lands which must make them the dearer: but if our forraign Trade come to a stop or declination by neglect at home, or injuries abroad, whereby the Merchants are impoverished, and so the Wares of the Realm lesse issued, then do all the said benefits cease, and our Lands fall of price dayly: whereupon we conclude, that as the flourishing estate of our general Trade is the only means to make our Lands improve, so the particular Trade to the East-Indies, is a principal instrument therein, because (as we have already proved) it hath so much increased the Traffique of this Kingdom.

THE next Quære seems to be a mystery which many of our Adventurers do not well understand, for (say they) how can the Kingdom gain by this Trade, when we who are the members thereof, have lost so grievously? they do not well discern that their private losse may be far lesse in proportion, then the publick benefit, as we shall instance some example to make the business plain.

[Note: The degrees of gain in forraign Trade.] IN the course of forraign Trade, there be three sorts or degrees of gain, the first, that of the Common-wealth, which may be done when the Merchant (who is principal agent therein) shall loose. The second is the gain of the Merchant, which he doth sometimes justly and worthily effect, although the Common wealth be a looser. The third is the gain of the King, whereof he is ever certain even when the Common-wealth and the Merchant shall be both losers.

COncerning the first of these, we have already sufficiently shewed the wayes and means whereby the Common-wealth may be inriched in the course of Trade, by the bal [Page 11] lance of the same, when excesses are avoided; therefore it is needlesse here to make any further repetition: only we do in this place affirm, that such happiness may be in the Common-wealth, when the Merchant of his particular shall have no occasion to rejoyce. As for example, suppose the East-India Company should send out one hundred thousand pounds in Wares or money into the East-Indies, and receive home for the same, the full value of three hundred thousand pounds, hereby it is evident that this part of the publick stock is trebled, and yet we may boldly say, that which we can well prove, that our said Company of Merchants shall be losers by such an adventure, if the returns be made in Spice, Indico, Callicoes, Benjamin, refined Salt Peter, Cotton yarn, and such other bulkey wares in their several proportions, according to their vent and use in these parts of Europe: for the fraight of shipping, the insurance of the Adventure, the charges of Factors abroad, and Officers at home, the forbearance of the Stock, his Majesties custome and imposts, with other petty charges incident, will be above two hundred thousand pounds, which being added to the principal produceth losse, and thus we see that not onely the Kingdom, but also the KING may get very much, even when the Merchant notwithstanding shall loose in his proportion, which giveth good occasion here to consider how much more the Realm is inriched by this Trade, when all things passe so happily that the Merchant is a gainer also, together with the KING and this Kingdom. [Note: The King and Kingdom may get by Trade, even when the Merchant loseth.]

BUt for the better explaining of that which hath been already alledged, we must understand, that if the said hundred thousand pounds should be trebled by the return of so much Silks and other fine Wares out of the Indies, then the Merchant likwise should receive good gain by such an adventure; and the reason is, because this great wealth would require but five hundred tunne of shipping to lade and bring home the same, which is but a very small charge in respect of [Page 12] four thousand tunns of shipping, which would be required to lade home the like value in the bulky Commodities of Spice and the like, which are afore- written.

THE second sort of gain in the course of Trade is, when the Merchant by his laudable endeavours may both bring in, and carry out Wares to his advantage, by buying them and selling them to good profit, which is the end of his labours: Yet nevertheless, the Common wealth shall decline and grow poor by a disorder in the peole, when through pride and other excesses they do consume more forraign Ware in value, than the wealth of the Kingdom can satisfie, and pay by the exportation of our own Commodities, which is the very quality of an unthrift, who spends beyond his means.

THE third sort of gain is the Kings, who is ever sure to get by Trade, when both the Common-wealth and the Merchant shall lose severally, as afore-written; or jointly, as it may and doth sometimes happen when the Merchants success is bad, and when our Commodities are over-ballanced by forraign Wares consumed, but if such disorders be not prevented, his Majesty in the end shall be the greatest loser, when his Subjects be impoverished.

[Note: Safety.] Whether it be not a means greatly to weaken the King of Spain and his Subjects, and to exhaust their Treasure.

Whether it be not a means to Counterpoize the Hollanders swelling-greatness by Trade, and to keep them from being absolute Lords of the Seas if they [Page 13] may drive us out of this rich Traffique, as they have long endeavoured to perform.

THE safety of the Kingdom consists, not onely in it's own strength and wealth, but also in the laudable and lawful performance of those things which will weaken and impoverish such powerful Princes, as either are, or may become our Enemies; Amongst which we will now rank the Spaniard in the first place, who being enabled by the power of his Indian Treasure, not onely to keep in subjection many goodly States and Provinces in Italy, the Low-Countries, and elsewhere, (which otherwise would soon fall from his obeysance) but also by a continuall War taking his advantages, doth still enlarge his Dominions, ayming at nothing more than the Monarchy, by this plenty of his money, which are the very sinews of his strength, that lye so far dispersed into so many Countries, yet hereby united, and his wants supply - both for War and peace in a plentiful manner from all the parts of Christendom, which are therefore partakers of his Treasure by a necessity of commerce, Wherein the Spanish policy hath ever indeavoured to prevent all other Nations the most it could; [Note: Spanish Treasure is exhausted by a necessity of commerce.] For, finding Spain to be too poor and barren to supply it self and the WEST-INDIES, with those varieties of forreign Wares, whereof they stand in need, they knew well that when their native Commodities come short of this purpose, then their monies must serve to make up the reckoning; whereupon they found incredible advantage by adding the Traffick of the East-Indies to the Treasure of the West: [Note: Spanish policy and profit in the East-India Trade.] For the last of these being employed, in the first they stored themselves infinitely with rich Wares, to barter with all the parts of Christendom for their Commodities, and so furnishing their own necessities, prevented others for carrying away their monies, which in point of State they hold less dangerous to impart to the remote Indians than to their neighbour Princes, least it should too much inable them [Page 14] to resist (if not offend) their Enemies: and this Spanish policy against others is the more remarkable being done likewise so much to their own advantage; For, every Royal of Eight which they sent to the East-Indies; brought home so much Wares, as saved them the disbursing of six Royals of Eight here in EUROPE (at the least) to their neighbours; especially in those times when that Trade was onely in their hands: But now this great profit is failed, and the mischief removed by the English and Dutch, who partake in those East-India Trades as amply as the Spanish Subjects.

[Note: Spanish Treasure is exhausted byWar.] IT is further to be considered that besides the disability of the Spaniard, by their native Commodities to provide forreign wares for their necessities (whereby they are forced to supply their wants with money) they have likewise that Canker of war, which doth infinitely exhaust their Treasure, and disperse it into Christendom, even to their Enemies; part by reprisal, but especially through a necessary maintenance of those Armies which are composed of many strangers, and lye so far remote that they cannot feed, Cloath, or otherwise provide them out of their own native means and provisions, but must receive this relief from other Nations: [Note: The effects of different wars concerning Treasure.] which kind of War is far different to that which a Prince maketh upon his own confines, or in his Navies by Sea, where the souldier receiving monies for his wages must every day deliver it out again for his necessities, whereby the Treasure remaines still in the Kingdom, although it be exhausted from the King; but we see that the Spaniard (trusting in the power of his Treasure) undertakes Warres in Germany and other remote places, which would soon begger the richest Kingdom in Christendome of all their money, the want whereof would presently disorder and bring the Armies to confusion, as it falleth out sometimes with Spain it self (who hath the fountain of money) when either it is stopt in the passe by the force of their Enemies, or drawn out faster than it flowes by their own occasion; whereby [Page 15] also we often see that Gold and Silver is so scarce in Spain, that they are forced to use base Copper Money, to the great confusion of their Trade in want of Supplies, and not without the undoing also of many of their own People.

[Note: The Spanish treasure which is exhausted either by commerce or war, doth all come in the end into the general commerce of divers Nations.] BUT now that we have seen the Occasions by which the Spanish Treasure is dispersed into so many places of the World; it is needful likewise to discover, how, and in what proportion each Country doth partake of these monies: For we find that Turkie, and divers other Nations have great plenty thereof, although they drive no Trade with Spain, which seems to contradict the former Reason, where we say that this Treasure is obtained by a necessity of Commerce; but to clear this point we must know, that all Nations (who have no Mines of their own) are inriched with Gold and Silver by one and the same means, which is already shewed to be the ballance of their Forreign Trades, and this is not strictly tyed to be done in those Countries where the Fountain of Treasure is, but rather with such Order and Observations in the Trade, and against excess, as are prescribed: For suppose England by Commerce with Spain may get and bring home five hundred thousand Ryals of Eight Yearly, yet if we lose as much by our Trade in Turkie, and therefore carry the money thither, it is not then the English, but the Turks who have got this Treasure: Although they have no Trade with Spain, from whence it was first brought. Again, if England having thus lost with Turkie, do notwithstanding gain twice as much by France, Italy and other Members of her general Trade, then will there remain five hundred thousand Ryals of Eight clear gains by the ballance of the same; and this comparison holds between all other Nations, both for the manner of getting, and the proportion that is yearly gotten. But yet if a question should be made, whether all Nations get Treasure, and Spain only lose it: We Answer no; for some Countries by War, or by [Page 16] excess do lose that which they had gotten, as well as Spain by War and want of Wares doth lose that which was its own.

AND so much shall suffice to shew, that to partake in the Trade of the East-Indies, doth not only weaken the Spaniards Navigation, and strengthen our own; but also, to impeach him in this rich Trade, doth mightily exhaust his Treasure, and increase our Monies.

HAving done with the Powerful Spaniard, we must now say something of our professed Friends, the Hollanders, who of late years are become a flourishing People, Wealthy and strong, both by Sea and Land, by nothing else but Trade; [Note: The Hollanders greatness by Trade.] and yet we know that they have little in their own Country wherewithal to Trade; but we must not therefore imagine, that so great a Building is either raised, or can stand without a strong Foundation, which these Industrious Men wanting means in their own Land, do find out Rich Mines in His Majesties Seas; [Note: The Hollanders best foundation the English Fishing.] Golden Mines we may term them, for so the Lords States themselves do call them, and thus also in their Publick Proclamations, which they have set forth in all occasions for the better preservation of this Fishing, a Treasure it is (indeed) inestimable, and an employment most profitable: From hence Orignially proceeds the increase and maintenance of the People, their flourishing Arts, their private Wealth, their publick Treasure, the multitude of their Ships which fetch Materials to Build Ships, the swarms of their small Vessels which catch Fish, to lade their great Ships which Trade with Fish; the proceed whereof doth furnish them with all their wants of Foreign Wares, and makes them all Rich in Treasure; with which Treasure they do also enlarge their Trade into all the quarters of the World, whereby they are become the Magazines for England, France, Spain, Turkie, and other [Page 17] places, for Corn, Cordage, Ordnance, Powder, Shot, Ships, Wines, Fruits, Cavas, and many others, besides the rich Wares from the East and West-Indies, serving each Country according to their severall wants and occasions, In which course of Trade, they are not lesse industrious to supplant others (especially the English) than they are careful to strengthen themselves with more than ordinary diligence; for they know well, that Trade hath raised their fortune, and doth feed their Hopes; We desire not here to aggravate their Actions against us in the East Indies, for they are already too well known to all the world, but we rather with patience expect the meanes of our satisfaction and future safety; wherein we doubt not of his Majesties most gracious favours and resolutions so well begun, and in so good a way to settle and support a Trade of such great consequence; [Note: If our Trade to the East-Indies should fail our other best Trades will fall with it.] the which if the Hollanders might solely enjoy (as they endeavour) they would (by the power there of) soon make themselves Masters (also) of our other best Trades into the Streights, and be the onely Merchants even of our Cloath and other native Commodities into those Countries; as they are already possessed of the Exportation of (almost) all our Herrings, Pilchards, and New-land Fish, to the maintenance of their Shipping and decay of ours, which is the more considerable, because it may be wished, that Corn, and Victuals, might be exported, onely in English Shipping, but the Hollanders are diligent observers of such occasions as may give them advantage; they know well how to work their own ends in all places where they come; and as they have infinitely prevailed in the augmentation of their Trade by the declination of other Nations, so they aime at nothing more now than to weaken the English in their Traffick, for We onely are their Corrivals, able to keep them from the absolute Dominion of the Seas, wherein we may hope ever to prevail, if we loose not the power we possesse, and the rich Trades which we have so well discovered.

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Whether it be not the best meanes we have to encrease the Treasure or Money of this Kingdome.

THis position is so contrary to the common opinion, that it will require strong Arguments, to maintain and prove it, before it will be accepted, especially of the multitude, who bitterly exclaim when they see any Monies carried out of the Realm; affirming thereupon that we have absolutely lost so much Treasure, being an Act against the long continued Laws of this Kingdom, and that many other places, nay, Spain it self (which is the fountain of Money) forbids the Exportation thereof, some cases only excepted. To all which we might answer, that Venice, Florence, Genoa, Savoy, Marcellis, Turkie, the Low-Countries, and divers other places permits it, their people applaudes it, and find great benefit by it; but all this makes a noise and proves nothing: We must therefore come to those reasons which concern the businesse in question.

[Note: We have no Treasure but by Trade.] FIrst therefore, we will take that for granted which none will deny us, that we have no other meanes to get Treasure, but by Forreign Trade; for Mines we have none which do afford it, and how this Money is gotten in the managing of our Trade, we have already shewed; that it is done By making our Commodities which are Exported, to over-ballance in Value the forreign Wares which we consume; so that it resteth onely to shew how our monies may be added to our Commodities, and being joyntly exported may so much the more encrease our Treasure.

AND here we will suppose, that our yearly consumption of forreign wares is to the value of twenty hundred thousand pounds, and our exportations to exceed [Page 19] that two hundred thousand pounds, which summe we may thereupon affirm is brought to us in Treasure to ballance the account; [Note: A neer estimation of our yearly exportations and importations, as they have been found by good inquiry.] but now if we adde three hundred thousand pounds more in ready mony unto our former exportation in wares, what profit can we have (will some men say) although by this meanes we should bring in so much ready money more than we did before, seeing that we have carried out the like value.

TO this the answer is, that when we have prepared our exportations of wares, and sent out as much of every thing as we can spare or vent abroad; it is not therefore said, that then we should adde our money thereunto to fetch in the more money immediately, but rather first to inlarge our Trade therewith, by inabling us to bring in more forreign wares, which being sent out again into the places of their consume, they will in due time much increase our Treasure, for although in this manner we do yearly multiply our importations to the maintenance of more shipping and Marriners, improvement of his Majesties Customes and other benefits; yet our consumption of those forreign wares is no more than it was before: so that all the said increase of commodities brought in by the means of our ready money sent out as is afore written, doth in the end become an exportation unto us of far greater value than our said monies were, which is proved by three severall examples following.

FIrst, we will suppose that one hundred thousand pounds sterling, being sent in our shipping into the East Countries, will buy there one hundred thousand quarters of wheat clear of all charges aboard the ships, which being after brought into England and housed, to export the same at the best time for vent thereof in Spain, or Italy it cannot yield [Page 20] yeild lesse in those parts than two hundred thousand pounds, to make the Merchant but a saver, yet by this reckoning we see the Kingdom hath doubled that Treasure.

[Note: The trade to the East-Indies (in its proportion) is the best trade and means we have to increase our Treasure.] AGain this profit will be far greater when we Trade thus with our money in remote Countries; as for example, if we send one hundred thousand pounds into the East-Indies, to buy Pepper there and bring it hither, and from hence send it for Italy or Turkie, it must yield five hundred thousand pounds at least in those places, in regard of the excessive charge which the Merchant disburseth in those long voyages in shipping, wages, vicutals, insurance, interest, customes, imposts, and the like: all which charges notwithstanding the King and the Kingdom gets. And we may here observe, that as the publick profit by forreign Trade is the onely means whereby we gain our Treasure: So this Trade to the East-Indies (in its proportion) doth far excell all others.

THE third Example is, where the Voyages are short, and the Wares Rich, which therefore will not imploy much Shipping, the profit to the Kingdom will be far less; as when another hundred thousand pounds shall be imployed in Turkie, in raw silks, and brought hither to be after Transported from hence into France, the Low-Countries, or Germany, the Merchant shall have good gain although he sell it there for one hundred and fifty thousand pounds: And thus, take the Voyages all together in their Medium, the ready monies exported will be returned unto us near trebled. But if any Man will yet Object that these returns come to us in Wares, and not really in Monies, as they were issued out: [Page 21]

THE Answer is (keeping our first ground) that if our Consumption of Forreign Wares be no more yearly than is already supposed, and that our exportations be so mightily increased by this manner of Trading with ready money, as is before declared: It is not then possible (in the course of Trade) but that all the over ballance or difference should return either in money, or in such Wares as we must export again; which, as is already plainly shewed, will be still a greater means to increase our Treasure: For it is in the Stock of a Kingdom, as in the Estates of private Men, who having store of Wares, do not therefore say, that they will not venture out, or Trade with their Money; (for this were ridiculous) but do also turn that into wares, whereby they multiply their Money; and so by a continual and orderly change of one into the other, grow rich, and when they please, turn all their Estates into Treasure, for they that have Wares, cannot want Money; and therefore the former Objection is not considerable: For what begot the Monies which we sent out, but our Wares?

NEither is it said, that Money is the Life of Trade, as if it could not subsist or pass currant without the same; for we know that there was great Trading by way of Commutation or Barter, when there was little Money stirring in the World. The Italians and some other Nations have such Remedies against this want, that it can neither decay, nor hinder their Trade, for they transfer Bills of Debt, and have other ways whereby they assign their Credits from one to another daily, for very great summes, with ease and satisfaction by Writing onely; whilst in the mean time, the Mass of Treasure which gave Foundation to those Credits is employed in Forreign Trade as a Merchandize which doth much increase their Traffick. [Note: Money inlargeth trade, and Trade increaseth money.] It is not therefore the keeping of our Money in the Kingdom which makes a quick and ample Trade, but the necessity and use of our Wares [Page 22] in Forreign Countries, and our want of their Commodities which causeth the Vent and Consumption on all sides.

WE must not here forget the Practice of the Great Duke of Tuscany in his Port of Leghorne, which of late years from a poor Town is became a fair City, and one of the most famous places for Trade in Christendom, by the resort of many Nations, but most especially by the English and Dutch with Merchandize to a very great value yearly, and yet it is worthy Observation that the multitude of Ships and wares which come thither, have little or no means to make their returns from thence, but onely in ready Money, which they may, and do carry away freely at all times and without Custom, and such charges to the incredible Advantage of the said Duke of Tuscany and his Subjects, who are much inriched by the continual great concourse of Merchants, form all the States of the Neighbour Princes, bringing them plenty of Money daily to supply their wants of the said wares. And thus we see that the Current of Merchandise which carries away their Treasure, becomes a flowing stream to fill them again in a greater measure with money.

THE Example of this growing greatness hath lately moved the Duke of Savoy publickly to delare his Princely resolution to all Nations, offering them any Priviledges and immunities, that shall come to Trade in his Free Port of Vila Franca, and especially a Liberty to carry away ready monies for all the wares they bring, or other Occasions: And yet we know that neither in Tuscany or Savoy, are any Mines or Monies more than they have, and do daily get by Trade; but they know likewise that if we yearly bring them wares (although for a very great value) the money will immediately follow, for, let no Man doubt but that money must ever attend on Merchandise, for they go together: And it is worthy the noting, that those Princes are [Page 23] content to part with their Treasure, only to enjoy the Trade of the wares which are brought them, for which (to encourage the Merchant) they take no Custom; whereas we by sending out our money do gain the imployment of our Shipping, the Trade of the wares, and the profit of the Customs, which is a treble benefit.

THere is yet an Objection or two as weak as all the rest: The first is, that if we Trade with our money, we shall issue out the less wares; as if a man should say, those Countries which heretofore had Occasion to consume our Cloath, Lead, Tin, Iron, Fish, and the like; shall now make use of our Monies in the place of those necessaries, which to affirm were most absurd; or that the Merchant had not rather carry out wares (by which there is ever some gains expected) than to export Money, which is still but the same without any increase.

BUT on the contrary there are many Countries which may yield us very large and profitable Traffick for our money, that otherwise afford us no Trade at all because they have no use of our wares; as namely, the East-Indies for one, in the first beginning thereof, although since by Industry in our Commerce with those Nations we have brought them into the use of much of our Cloath, Lead, and other things, which is a good addition to the former vent of our Commodities.

AGain, some Men have alledged, that those Countries which permit Money to be carried out, do it because they have few or no wares to Trade withal: But we have great store of Commodities, and therefore their Action ought not to be our Example.

TO this the Answer is briefly; That if we have such a quantity of wares as doth fully provide us of all things [Page 24] needful from beyond the Seas, why should we then doubt that our monies sent out in Trade must not necessarily come back again in Treasure, together with the great gains which it may procure in such manner as is before set down? And on the other side, if those Nations which send out their moneys, do it because they have few wares of their own; how come they then to have so much Treasure as we ever see in those places, which suffer it freely to be exported at all times, and by whomsoever. We Answer, even by Trading with their monies: For by what other means can they get it, having no Mines of Gold or Silver?

[Note: Our humane actions ought especially to be considered in their ends.] THus may we plainly see, that when this weighty business is duly considered in its end (as all our Humane Actions ought well to be weighed) it is found much contrary to that which most Men esteem thereof, because they search no further than the beginning of this work, which mis-informs their Judgments, and leads them into error; for if we onely behold the Actions of the Husbandman in the Seed-time, when he casteth away much good Corn into the ground, we will rather account him a Mad man than a Husbandman: But when we consider his Labours in the Harvest, which is the end of his endeavours; we find the worth and plentiful Increase of his Actions.

[Note: Honour.] Whether it be not an Honour suitable to the Majesty of so great a King and Kingdom.

WE have endeavoured upon all the former Quæries to be as brief as conveniently we might without obscurity, and now upon this last point there will be no Occasion at all to inlarge; for when it shall be found that the Trade to the East-Indies is so good as means to encrease our strength, wealth, safety, and Treasure, and that those discoveries spread His Majesties Fame into Persia, Japan, [Page 25] China, the Dominions of the Great Mogul, and many other remote Nations of the Eastern world, there will be no denial, but that these great blessings are so precious and Honourable, both to the King and his Kingdoms, that they ought to be preserved with our best endeavours against the strongest Opposition.

And for Conclusion, the East-India Company do Humbly Declare unto your Lordships, and the Honourable House of Commons, that they have not made their Petition, and this Remonstrance for their own Private Ends, but for the Publick good: And even so having performed their Duties, they hope it shall be their sufficient Discharge in all future times concerning the Suppressing or Supporting of the said Trade.

FINIS.

Table of contents

• 1. To the Right Honorable the Lord Generall Cromwell, and the Right Honorable the Lord President, and the rest of that most Honorable Society of the Councill of STATE.
• 2. The Epistle to the Industrious READER.
• 3. To the Honorable the Souldiery of these Nations of England, Scotland, & Ireland.
• 4. To the Book
• 5. To the Author.
• 6. To Captain W. Blith upon his Improved Improver.
• 7. To the Husbandman, Farmer, or Tenant.

[...] [Page [xv]] [Page [xvii]] [Page [xviii]] [Page [xx]] [Page [i]]

Table of contents

• 1. The advantages which either of these Bankes by an ingenious management will bring into his Majesties Revenue.
• 2. The benefit to the Subjects.
• 3. Other necessary heads to be considered for the encrease of Trade, and encouragement of Navigation.

• Postscript.

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

I Expect so little credit will be given the Title, that, should I be large on the Subject, I question whether it would be esteemed worth perusal: And having propounded so great advantage by erecting Banks, I conceive it proper first to give You some hints of the nature of them.

A Banke is a certain number of sufficient men of Credit and Estates joyned together in a stock, as it were for keeping several mens Cash in one Treasury, and letting out imaginary money at Interest, for 3. or more in the hundred per annum , to Trades-men or others, that agree with them for the same, and making payment thereof by Assignation, passing each mans Accompt from one to another, yet paying little money: Insomuch, that if a Merchant or other person want money, if he hath or can procure credit in Banke, he may make as good payment by Assignment in Banke without it: As for Example, the said Merchant buyes Cloth of a Clothier for 100l. value more or less, and goes with him to the Banke, where he is Debtor for so much as he takes up, and the Clothier is made Creditor for so much as he sold his Goods for to the said Merchant: Then [Page 2] such Clothier having occasion to pay money to a Stapler or Wool-monger for wool bought, the said Clothier is made Debitor, and the Wool-monger Creditor upon account, the said Wool-monger buyes wool from a Countrey Farmer, for so much money more or less, so the Wool-monger is made Debtor and the Farmer Creditor; the Farmer must pay Rent to his Landlord, and is likewise made Debtor and his Landlord Creditor; the said Landlord for his occasions buyes goods of a Mercer, Grocer, Vintner, or the like, or from all, then he is made Debtor, and such Mercer or other Trades-man Creditor; then peradventure such Mercer or other Trades-man buyes goods from the same Merchant that took up the first credit in Banke, and stands yet Debtor there, but upon sale of his goods to the Mercer or other Trades-man, both clears their accounts in Banke. And so in all Trades, as occasion presents.

These Bankes in the several parts of Europe where erected, being so held by Merchants and others, joyned together in a stock, and credited by the monies brought in thereunto (which money for the most part there remaining, and payments being made upon the credit thereof by assignment in Banke as aforesaid) might as well be done here onely upon the credits of Landed men, whereof they have few in Holland, and in other parts, lying convenient for Trade; where Land is, the Owners thereof are seldome found to be Merchants: So that England (if but sensible of it) hath an advantage of all parts in the world, as lying in the centre of the Trade of Europe, enjoying safe and commodious Harbours, wanting few necessaries, no Lands nor persons naturally inclined to Trade, if not discouraged by great Customes, Excise, and the abuses in Collecting it, and by the want of stock, or a supply thereof at reasonable Interest.

To free England of these inconveniencies, and supply it with a stock for Trade, as great as shall be requisite, without bringing in more Bullion, it may be done three manner of wayes, never yet practised in Europe, and the whole profits thereof (which will be considerable) be also converted to His Majesties Revenue for defraying the publique charge of his Kingdom, in case His Majesty and Parliament shall think fit to erect either [Page 3] of these following kind of Bankes, for the accommodation of Trade, in the most proper places of England; assigning to each a proportionable division of the Countrey adjoyning, where all mens Estates in lands, houses or rents, either for Lease of years, Lives or in Fee, may be registred; as also all morgages, claims or other interests pretended thereunto, with morgages or purchases at any time to be made thereupon. (This may be done, so as all fraudulent Conveyances may be prevented, and yet no mans Estate be discovered more than at present: For if the propriety be found to be in A by the Register, its no matter though B be the true proprietor, for then A can wrong none but B, who hath intrusted him; or if B be doubtful to trust A, and yet desire to conceal his Estate, which he cannot well do without him, B himself may own the Estate, and allow A to enter a Morgage to (or near) the value, and take his defeizance for the same: so that in this case A cannot cheat B if he would, nor either of them any other, though both should combine therein.)

That the said places for Bankes being established, Estates registred, and a Survey taken of such Estates, whereby the value may not be entred above its real worth. Any persons may be admitted to have credit in Banke, for any summe safely to be lent under the value of his Estate, without other security or ceremony of Conveyances, than the hand and consent of such person as is the proprietor, he paying Interest for the same at 4. per cent. per ann. quarterly into the said Office. (This Survey may be taken by a Jury in every Parish, and delivered to the Sheriff of the County, or at the Banke upon Oath, and will be done with a small charge to His Majesty, and in little time.)

First then, to effect the end aforesaid, it may be done without money, by a Law enjoyning all payments to be made in Banke of any summe above 20l. sterling, for all lands, goods and merchandizes sold whatsoever, which is done voluntary in other parts, where Bankes are erected by almost all persons, who find both ease and accommodation thereby, and the Bankes here (like those in forreign parts) will be and serve as a general or National Cashkeeper of all mens moneys and accounts, transferring them from one person and Countrey to another with much facility, not onely preventing the danger of Robbery, but the trouble of counting, and loss in receiving clipt and bad money, which is the cause that payments made in Banke are generally esteemed better than in specie by ten shillings in an hun [Page 4] dred pound; which would have the like esteem in England, were Bankes once erected. (At first erecting Bankes in Holland, all local payments were enjoyned to be made in this manner, but the ease and accommodation being found thereby, it became a most voluntary act, as it doth at this day continue, to the great enriching that Countrey.)

The second Expedient is, without any Imposition, leaving all persons free to take or make payment, either in Banke, or by money in specie ; which will, I presume, bring in the same advantage to His Majesties Revenue; but not properly be erected without two millions of money; but if once setled would out of the same produce a million per annum profit, and stand alwayes as a constant increasing Revenue: For, by computation there is yearly paid in England for Interest Bottomree, and other kinds of Usury, two millions; for which should all Usurers call in their principal, it would amount unto thirty five millions; when there hath been but twenty two millions coyned in England in and since the Reign of King Edward the Sixt, both in Gold and Silver, which, I presume, is at least one half exported, whorded up, or melted down; and allowing the Usurous propriety to be the moyetie in all Coyn passing from one hand to another, it must necessarily follow, that all the said great Revenue is brought into them by five millions and an half real sterling money; which is no Paradox, considering that all monies, though passing but through the hands of Usurers, doth yield to each of them the full yearly Interest; which may be done for one and the same summe of monies ten times in twelve moneths; moreover by the money brought into Banke, (which under the setled Government of so hopeful a Prince will be undoubtedly most that shall be imployed in Trade) why may not His Majesty make a profit thereof as well as the States of Holland, which doth let out the same at Interest, as they have done great summes in England, and yet support a much greater Bank without Land upon their credits onely, it being generally conceived that they have not at any time in ready Cash the tenth part of what the Banke stands Debtor for to private persons, although they abound in money for want of Land to purchase. (The two Millions herein mentioned, is intended for the payment of all such as desire their money out of Banke, for its presum'd such there will be, and such a Banke as this must have money alwayes ready; for the being punctual in payment will so credit the Banke, that most will keep their Cash therein for their own advantage.)

[Page 5]

The third is such a Bank as may conveniently be erected both of money and credit with a less summe, setting Interest at such differing rates, as in time may invite all men to esteem credit as good as money, which is accounted better in forreign parts, as in truth it is, though seemingly otherwise; which disparity will be at all times reconciled by an Exchange or kind of Brokerage, like that of Plate and Black-money, where currant; which several kinds of Bankes having no President, I shall not presume to prefer either as most proper, but submit them all with confidence, that the worst of them will prove of great use and advantage to England, if once erected. (In this way the Banke will not be prejudiced for want of money, but be supplied with Bills, which may by a Sovereign stamp be allowed to pass in a City or County instead of money, and be returned within a year, so that by setting a lower Interest thereon, will cause it to be equal in esteem with real money.)

That all Merchants that have no Estates real in Lands or Leases as aforesaid, may also have credit in Banke, upon depositing any Goods (not perishable) of an equivalent value in his Majesties Ware-house, in every Port or other place where such Bank shall be erected; and that any person having monies in Cash or in Bank in one place, desiring to have it transferred for his accommodation, and to have it again either in Cash or in Banke in another, may be accommodated, allowing onely 10s. for every hundred pounds so exchanged or remitted.

That every the aforesaid Bankes may furnish another petty Banke (or Mount) of Charity with a competent stock, to lend any summe under ten pounds upon Pawns at a reasonable Interest, for the accommodation of poor people and others desiring the same. And that the persons put in to govern in these Banks may have the management of all other publick receipts within their several districts, which will lessen the publick charge: And if such Banks are found to be advantageous, others may be also erected in Scotland and Ireland in like manner, for the accommodation of those there resident, as well as others living in England and trading thither. (The foundation foundati (sic) of these Banks being Land, will be esteemed (as in truth they are) the most secure in Europe, for that every Creditor will be sure of land in case the Bank should fail of money, and neither His Majesty nor Officer will be intrusted, but the Estate of one man Debtor to another.)

[Page 6]

SIR,

IN your last, I received two Letters in Print, Concerning the East-IndiaCompany; which, considering that you have been acquainted, how great a part of my Estate is entrusted to that Society, I cannot but take it as a Friendly Advertisement; for which, be pleased to accept my Hearty Thanks. And I assure you, whatever my Sentiments are of the affair, I do and shall own it for an evident Demonstration of your Affection, that in the midst of your great Affairs, you should be so mindfull of my Concerns.

I have perused the said Letters, and can see no reason to believe that such Discourses should be published by any person whose Estate was entrusted to the said Company; or that had any real desire of receiving or giving satisfaction concerning the security of Money lent to them. No Creditor can be supposed to act so contrary to his own interest, as to make it his endeavour to weaken or lessen his security, by Exposing and Ruining his Debtors Credit; or teaching him a way to defraud himself, which is the Language of those Papers. It must therefore be some other Person then a Creditor, and some other Design than a doubt about Security, that occasioned the Publishing these Letters. There hath been a report that the Dutch had in Design to propose at the Treaty at Nimegen, a Restraint of the Importation of Callico into Europe, because it hinders the consumption of French, Holland, Flanders, and German Linnens: And lately some here did Decry the East-India-Company and Trade, because Callico (as they said) hindred the vent of Fustians and some other Native Manufactures. These corresponding so exactly, give ground to think they proceed from the same Councell, and the Authour of these Letters may be of that Caball.

He first endeavours to destroy the Credit of the Company, by telling us, That their Seal is less security, than the word of any one sufficient man among them; for that not any one of the Companies Persons or Estates, (he meanes beside what is in the joynt stock of the Company) whether Real or Personal is thereby bound, neither can any of them be arrested or impleaded by virtue thereof, Who is there so ignorant, but knowes this? though the Gentleman supposeth all are such Fools, that have lent money to the Company, that they were like fish drawn into the Net, by vainly imagining that every member in the Company in his Particular and Private capacity was bound to answer for the same. I dare say not one of forty that have lent money to [Page 2] the Company thought so. I have heard indeed of one that had a considerable summe there, who upon the advice of some Councel of this Gentlemans Capacity, demanded his money, which being presently paid him by the East-India-Company, he lodged it in Lombardstreet, where it lyes (and is like to ly) till the opening of the Exchequer. I suppose he rendered the Gentleman no thanks for his advice, nor accounts himself the wiser man for following it. If it be seriously considered, on what grounds, persons have chosen to put their money into the East-India-Companies hands, rather than to entrust it elsewhere; it will appear they were no such Fools, as they are character'd for, nor the Security so slight, as the Gentleman would have us believe it to be.

The Gentleman preferrs a sufficient mans word, (I will suppose his bond which is more valid, in regard of the uncertainty of life.) It's difficult to know who is sufficient; all is not Gold that glisters, nor every man sufficient that is thought so. If he be sufficient when you lend the money, who can assure himself, he will Continue either sufficient, or honest. Men are changeable, and their Estates subject to accidents. Doth not experience evidence, that losses at sea, losses by fire, losses by bad debts, and other Casualties, have rendred Persons insolvent, that had great Estates and Credit, as also that sometimes Persons have purchased lands in their Childrens names, and otherwise so conveyed away their Estates, that their Creditors could never reach them; and if they seize their Persons they can live in the Rules, and laugh at their Creditors. As for lending money on Mortgages and real security, which is esteemed the best security; Is it not very troublesome to attend on Councell, to examine Titles, to make Conveyances? And when all is done with the greatest advice and circumspection; is it not very hazardous, in regard of bad Titles, Dormant Conveyances, and Precontracts? can the most eminent and subtile Lawyers secure themselves? have not some of them been over-reached? And sometimes when the security is good as to the main; yet what difficulty, trouble, and vexation is there to arrive at satisfaction, by attending long Sutes in Chancery, accounting for profits, The Creditor being oftentimes made the Debtors steward, and that without Salary or Compensation for his pains. And on such Securities who can depend on his money to answer his Occasions.

If he have a Daughter to Marry, a Son to preferre in Trade, or a Purchase to make, all his designs are frustrated, His money being (if not in Hell unretreivable, yet) in Purgatory, whence it cannot be delivered but in a long Tract of time, and that by patient undergoing the smarting Torment of Tedious and Chargeable Sutes. It must be acknowledged, that there [Page 3] is no absolute certainty or assurance of any thing in this World; and whoever believes otherwise, is gone beyond the bounds of Reason and Religion; and fit only to reside in the new Palace in Moorfields. All that can be desired in the putting out of money, is to have a visible fond engaged, that is morally (not only at the time of lending) most sufficient to secure it, but also in probability most likely to continue so, and to answer the Occasions of the Lender.

1. Then, They that lend Money to the East India-Company, on their Common Seal, have a visible fond engaged that is sufficient to secure the same. Though the Members of the Company are neither responsible in their Persons, nor private Estates for what is taken up thereupon, yet all the Moneys, Goods, and Effects belonging to the Joynt stock of the Company are engaged, as the Gentleman himself is necessitated to acknowledge. His insinuations concerning the case of the Merchant-Adventurers, and Grocers Company, are not to the purpose; those Companies never had any Joint-stock, as a visible fund to secure what they borrowed, but were trusted upon their bare Reputation and Credit. It is farre otherwise here. Suppose there hath been lent to the East-India-Company 5 or 600 thousand pound, the Lenders either do or might know, that there is in the Joint-stock of the said Company in real value upwards of 900 thousand pound, (I may say a Million of pounds sterling) besides their dead stock, which is also considerable. All which, being together a Million and Half of pounds sterling, stands by their Common Seal bound and engaged to pay their Creditors. The Gentleman doth Ignorantly, if not Malitiously assert, pag. 4. That the East-India-Company trades wholly with their Creditors Money, and that it's seldome that they have above 600 thousand pounds in value in their India Factories, and on the Seas at the same time. To demonstrate the falsity of which, take but an account of what they sent out this last year, and it will be found to be upwards of 450 thousand pounds: And to that adde the value of the 3 Ships already arrived this year from Bantam; and the 5 Ships from Surrat; with the other 6 or 7 Ships expected from the Coast Surrat and Bantam, which will amount at least to 800 thousand pounds (and as Sales may prove, to a great deal more) so that there appears to have been above 12 hundred thousand pounds value on the Seas at one time, beside all the remains of Goods and Debts in India and in England. There being then such a stock, it cannot be denyed but that there is a visible and sufficient fond to secure the Creditors the Moneys that they have lent. But the Gentleman tells us, pag. 4. The Indians or Infidels may destroy their Factories, and Goods in India; [Page 4] their Ships and Cargo's may be lost or taken in Warr, or by Pirates, and the Company may make a Divident to secure their own Estates, and leave the Creditors to find a thing in the Clouds. Therefore it will be necessary in the next place to evidence that the joynt stock of the East-India-Company is on Morall and Rational grounds, most likely to continue sufficient to secure the moneys lent thereupon. That which might render it insufficient according to the Gentlemans suggestions, is either losses arriving from Forreign accidents, or dishonest practices either by concealment, or by making dividents of the stock amongst the Members of the Company, without regard to the payment of the Debtors.

1. As to Casualties, whereby losses may happen to the stock; The Gentleman mentions a Concatenation of Evils, Destruction from the Indians, Losses by Stormes, by War and by Pirates. Should we wrack our fancies to find out, and then suffer our thoughts to dwell on the consideration of the accidents that may fall out in Humane affaires, we should never enjoy quiet in our Mindes; or else we should be deterred from resolving or setting upon any affair. For as the wise man tells us, He that observes the Wind shall shalll (sic) not Sow, and he that regardeth the Clouds shall not Reap. It is sufficient, that we take the most probable ways of Security, and leave the rest to Divine Providence. Now if we consider the affaires of the East-India-Company without prejudice, we cannot but conclude that their stock of 1600 thousand pounds, will always be sufficient to answer 600 thousand pounds. For the whole at no time, is hazarded in one bottom, as it often falls out in private mens dealings; Some part is in England in Goods and Debts, some part in India in Trade and Voyages, and some part is at Sea, Going and Coming; not in one Ship but in 30 Ships or more, not in one Course or Voyage, but in several: So that though a loss should happen to some part, yet in the ordinary course of providence, there is Rational ground to believe there would be alwayes enough preserved to answer the Engagements.

2dly. As to dishonest practices, is it Rationally to be supposed that a Number of men can so easily engage in wicked and cheating actions? The Government of the East-India stock is committed to 26 Persons, and no Affair can be Transacted without 13, so that if the Major part be Persons of Honesty and Conscience, you are secure; nothing can be done unworthily. Yea if there should be but one Honest man of 13, yet you are sure, seeing such an act of knavery, as would defraud the Creditors, would be detected. The Gentleman tell us, (pag. 3.) You may sue the Company on their common Seal, and have Execution against their Goods, but then asks where shall you find the Goods of the Company to pay 5s. [Page 5] in the pound: and withall addes, That were there Goods of a greater value, the Company may divide them amongst themselves, and so the Creditors have never a penny, unless they can catch it in the Indies.

Since the Establishment of the East-India Company in this present joynt-stock, which is now neer nineteen years, was ever any person that lent Money to the Company on their common Seal, forced to sue them? Have not all men been payd their Money readily whenever they demanded it?

How is it possible that the Companyes goods should be concealed, that must pass through so many hands, and are in such vast quantities, and of such sorts as may easily be distinguished from others? It hath been formerly a Maxim amongst the Committee of that Company (as I have heard) never to take up more money at Interest, than they had reall Effects in England, in Debts or Goods to satisfie. If for the last two years they have exceeded, to expatiate and extend the Trade for the Benefit of the Kingdom; It is however but for a very small time that it is otherwise, for at the arrival of their Ships from India in June, July, and August, they have constantly a vast Estate in England over and above what will answer all their Debts. And if there be not alwayes so much at the latter end of March, when their Ships are dispeeded for India; in a few months after, when the former years Ships return, there is an abundant abuudant (sic) Surplusage. So that if it should fall out (which never yet hath done, nor is it probable it should) that any person should sue the Company for Money lent them at Interest on their common Seal, and Execution against their Goods should be obtained, I say in such a Case every person concerned, might easily and without any difficulty find Effects in England, to discharge all he can claim or challenge, nor is he left to find a thing in the Clouds, nor yet send to India to catch it; which Expressions the Gentleman might well have spared.

That the Company should make a Divident among themselves of their Goods and Estate, to defraud their Creditors, is not onely very uncharitably, but also very irrationally suggested. No Dividend can be made but by the Committee which (as before noted) consists of 26 Persons, and those (or at least most of them) of the best Reputation for honesty and integrity in the City of London, and can it be in Charity supposed, that they would joyn in such an Act? I am confident they do abominate the thoughts of it. Besides it is not in the power of the Committee, according to their Constitution, to make any Dividend in Goods. All Dividends are to be made in Money, and Goods are not to be sold by private Contract, but at a publick Sale. So that it is impossible, according to the pre [Page 6] sent Rules and constitution of the Company, that any Dividend can be made to the prejudice of the Creditors, but they must have sufficient notice thereof, and may secure themselves. But could it be imagined, that such Dividends might be made, and that the Committee should so far degenerate from all Principles of Honesty, yet notwithstanding what the Gentleman insinuates, viz. That this might be done so as to leave the Creditor remediless in Law, I cannot believe, but rather think, the Gentleman is mistaken, and that he hath not well studied or considered the Case.

N. lends 1000l. to the East-India Company on their common Seal, on this ground, that there is at that time a joynt-stock of the Companyes, of the value of 900 thousand pounds to secure and answer his Debt; the Committee divide this Stock of 900 thousand pounds (after the lending of the Money) amongst themselves and other the Members of the Company: I now enquire, whether the Committee that made this Divident, be not in their own Persons and Estates obliged in Law or Equity to answer the Debt to N.

For N. did not trust his Money on a vain Fancy, that the individual Members of the Company were in their private Capacities obliged to respond for his Money, but on this Foundation, That the joint-stock of the Company was to be his Security and guarant. This joint-stock was entrusted into the hands of the Committee to manage for the Benefit of the Adventurers, before they took up Money at Interest; but when they had taken up Money at Interest, then the joynt-stock is in the hands of the Committee in trust, in the first place to answer and satisfie the moneys taken up at Interest: So that now the Committee are Trustees for N. till his Debt be payd. If Losses and Accidents in the Course of Trade should render the Stock incapable to answer the money to N. he must be content to sit down by the loss; but if the Committee by any wilfull act of theirs dispose of the Stock, and convert it to their private use, before they have payd N, they are guilty of breach of trust, and thereby have rendred themselves answerable in their own private capacities to make satisfaction to N. This was the opinion of one of the most eminent and famous Lawyers of his time; (Serjeant Glyn;) and it seems so rational, that I am easily perswaded to believe it to be so. And were it but a doubtfull Case, would it not be a most imprudent act of the Committee, to divide the Stock among the Members of the Company, and expose themselves in their own private capacities and Estates to answer the Creditors, or at least to be liable to Suits and Molestations.

As to what the Gentleman observes, (p. 4.) That the King who im [Page 7] powered the Company to use a common Seal, thought it not sufficient security for his Customs: But provided in their Patent that they should give good and sufficient bond with surety for the payment thereof. However, whether it be so, or no, in the Patent, I know not; But this I'm well assured of, that it serves little to the purpose he intends it; it being evident that those words were not inserted out of any doubt that either the King or his Ministers had of the Companyes security by their commonSeal, but put in as words of course, a form usual in such cases, for that the Kings Officers have never refused, but alwayes readily accepted the Companyes Obligation by their common Seal, for the payment of the Customs.

The Gentleman believes, as he tells us, (pag. 5.) That the Company had never been such Bankers, as to have deserved Court Letters about their Officers, if they had given Bond with Sureties for the Money they have borrowed. (p. 2.) It seems what passed between the Court and the Company, was not such a Noli me tangere , but he would have one fling at it. To this he subjoyns a foolish insignificant pity, in reference to the Lombard-street Bankers, to which I say, that as I leave him to his own belief, so for his pity, I am sure I shall never need it, upon the account of lending my money to the Company. Nor did the Gentlemans Friend deserve a reproof, for not advising with him before he parted with his money to the Company, though he might have had it so unusually cheap. For he may (if he have not already) receive his money from the Company when he pleaseth: But when he hath so done, he will be at a loss to find where he may place it upon such rational grounds for security, it being evident by what hath been said, That there is such a visible Fond engaged by the Companyes Seal, that is not onely more sufficient at present, but also more likely to continue so, to answer the Occasions of the Lender, than is any where else at this time in England.

The Gentleman in the next place, that he may affectually carry on his Design, having insinuated p. 5. That the Company hath no firm legal Foundation, and so was in no probability of standing, gives us a Transcript of some Clauses in the Companies Charter, and then takes the liberty to arraign the Kings Grant; Calls it a Monopoly, and a Monopoly of Monopolies; Quotes the Statute of 21 Jac. cap. 3. cites some Law-cases; talks of Turkish and French Vassals; tells us, that he wonders, yea protests that he is astonished, to think how any durst draw such a patent; To omit other expressions of the like, if not a worse complexion.

The Gentleman gives us a Definition of a Monopoly, and then tells us (pag. 6.) the Statute provides that all Persons, Bodies Politick and Corporate, which then were or thence after should be, should stand, and be disabled, to have use, or exercise, or put in use any such Monopolies. The word such, is not in the Statute in that place; and if we take the subsequent words in that Statute, to Define or Explain what a Monopoly is; It refers only to matters within the Realm, which will not concern the present case. But suppose the Definition the Gentleman gives of a Monopoly were as he expresseth it (by the Law-books) to be an institution or Allowance, by the King, by his Grant, Commission or otherwise, to any Person, Body Politick or Corporate, of or for the only buying, selling, or using of any thing, whereby any Person or Persons are sought to be restrained of any Freedome or Liberty which they had before, or hindred in their lawfull Trade and Traffick. May we not understand this to be within the Kingdome onely, for can any Subject of England lawfully Trade or Traffick with any Forrein Nation, without the allowance [Page 9] of the King, who hath the undoubted Prerogative of making War and Peace, upon which the same depends. I shall readily grant that as the King is Common Father of all his Subjects, so his Care and Protection of, and Provision for them, is in the General Equally and Indifferently to be extended. But in some Cases, and under some Circumstances, hath not his Majesty a Prerogative (nay, ought he not on the same right of Fatherhood) as to prefer the General Benefit, to that of Particular; so sometimes to extend speciall Priviledges and Grants to some Particulars for the General Benefit, though other particulars may seem to receive prejudice thereby? Is not this the case of most of the Corporations in England? which yet neither our Barrister nor any other will account Monopolies. And that this is also the case of the East-India Trade, will appear when it is considered, that this Trade is not to be managed and carried on for the General Benefit and Profit of the Kingdom, so well in any other way as by a Company in a Joint-stock.

Besides, if a Monopoly be a restraining of Persons from the freedome or Liberty they had before: I ask whether ever the People generally had the Freedome and Liberty of the East-India Trade? Except it was in the late unhappy times from 1653 to 1657? In which little time the Trade was almost totally ruined as to the Nation, The Experience whereof necessitated the then Powers, with the universall good liking and approbation of all persons, to resettle the Company.

Suppose a Countrey that was undiscovered, or a Countrey that for the difficulty of passage to it, or chargeableness and hazard of the adventure, no Euglish (sic) had traded to formerly; and that some English men at their own Hazard and Charges should discover the One, Purchase land of the Natives, Settle a Collony, and Establish a Trade; and on the Other after great hazards and Adventures, with vast Charges and Expences, arrive to the knowledge of a profitable Trade, and by presents obtain Liberty of Trade from the Prince of such a Countrey, Peculiarly for Themselves and their Assigns: May not the King by his Prerogative Confirm those Capitulations, and grant the Priviledge of the Trade to the Discoverers and Adventurers, and their Successors, thereby to encourage others to the like Noble undertakings, for the Generall good of his Kingdome? How could such a Grant be within the Compass of a Monopoly, Since no English man was denied or debarred of any Liberty that he before exercised or enjoy'd? Is there any thing more reasonable, than that they who at a vast Charge, with great Hazard and Difficulty purchased a trade, should have the enjoyment of it? Shall not he that planteth a Vineyard eat the fruit thereof? And what can be more unjust than that another should come in and reap the fruits of my Atchievements, that was either [Page 10] idle, ignorant, or afraid; that knew not, would not, or durst not adventure to obtain the same? May there not be a right of Propriety in a Trade, as well as in Lands and Houses? This is the Case of the East-India Company in a great measure.

Further, Suppose there be a known Trade, that may be very advantageous to the Kingdom, and that for the obtaining and settling, and carrying on of which there is a necessity to be at a vast Expence, to settle and keep Factories and Agents in several places, and with several Princes, and on Occasion by Warre to force those Princes to perform their Capitulations, and to erect Forts and maintain Garrisons for security of the Trade, as also to cope with and prevent the designs of Enemies that would debarre the English of such a Trade; all which could not be done, but on a publick Charge of the Nation by some General Tax, or by some United Body of Men encouraged to undertake the same by special Priviledges and Immunities, granted to them and their Successors; Suppose I say in such a Case that the King, to compass the obtaining and carrying on of such a Trade for the General benefit of his Kingdom, without a Tax on his People, should propose to give andgrant to all his Subjects, that would voluntarily unite their Stocks in such an Affair, certain Priviledges and Immunities, and amongst others the sole enjoyment of the Trade of such places to them and theirs, excluding all others that should refuse to joyn therein. On such an Invitation and Proposal freely offered to all without exception, onely a certain number of Persons come in, Accept the Terms, and receive the Grant confirmed and settled, under the Broad-Seal of England. In some Process of time, after great hazards and vast Expences to the Undertakers and Adventurers, the Trade proving more advantageous and profitable to the particulars interessed, than at first was apprehended it would; Those others that would not intermeddle at first, make great exclamations because they are excluded, Crye out a Monopoly, a restraining the Subject the freedom and liberty of Trade. Have they any reason so to doe? was not the fault their own? It was freely tendred to them, they had the liberty to have come in on the same terms that others did: Shall they that voluntarily excluded themselves, be angry that they are excluded, and charge it as a Crime either on the King that invited them, or on their fellow-Subjects that would at first have been glad of their assistance? Is not this most unjust and unreasonable? This is the Case of those that so highly exclaim against the EastIndia Company, which I suppose being rightly understood, the Companyes Charter will not deserve the name of a Monopoly; nor shall the Companyes Creditors need to fear that the Company should be rendered In [Page 11] sufficient to pay their Debts, by being condemn'd in Treble dammages, or fined at the Common Laws for accepting such a Patent, (p. 9.) to which our Barrister, without understanding, (if not without consulting his Books) thinks them lyable.

Who is so bold as blind Bayard? they that know least, are apt to think they know most. Ignorance and Confidence are often Companions. The Gentleman tells us, though he be no Trader, yet he knows. what doth he know? he doth not know whether the Trade to the EastIndies be an useful Trade to England; that he is not a proper Judge of, as he saith. He might with little study or observation have known, that it's a Trade all Nations have and do court at the highest rate: A Trade that the Dutch have adventured their All to purchase; A Trade which as it is carryed on onely by a Company in the way of Joynt-stock, so the gain thereby accrewing, maintains the Republick in Honour, Power, and Opulency; A Trade whereby they have so encreased to Riches and Strength, as almost to become Masters of the World: A Trade wherein the English Company employ and maintain above forty Ships, from 3 to 500 Tuns, and upwards of 3000 Sea-men; a Trade that supplyes the Nation with necessary Commodities, at a tenth part of the price the Nation must otherwise pay for them. Pepper would be as dear as Nutmegs, if the Dutch were sole Masters of it; Callico must be supplyed by French, Dutch and Flanders Linnen; A Trade that makes us Masters of the Salt-petre, enables us to defend our selves, frees our [Page 12] houses from those Vermin, (the Salt-petre-men) that dug up our roomes; A Trade that upholds our forreign Trades, by bringing us Commodities to carry abroad to France, Spain, Italy, and Turkey, to a farther increase of our Navigation. A Trade that besides the Customes to his Majesty, which are very considerable, brings an Annual Addition, of several 100000 pounds to the real Stock of the Kingdom. There are besides these, divers other advantages, too many to enumerate. All this is so perspicuous, that the Gentleman might easily have discerned it, were his sight clear, and not clouded by prejudice, or obstructed by the intervention of some private (if not forrein) interest. But though he knows not whether the Trade be usefull for England, yet he knows if it were, the Parliament could have established such rules, &c. Excellent! how comes it to pass the Parliament hath not done it all this while? The Reason is suggested, It was not an usefull trade for England. But might it not have been made an usefull Trade, If such Rules had been made to have gained 5 times the Trade, to have advanced the price of our Manufactures, and lessened the price of Goods imported, and have gained much more trade into other parts of the World? Certainly the Parliament hath not been of the Gentlemans mind, neither to have Judged the Trade useless, For then they would have put it down; Nor yet to think that such Rules as he Imagines could have been made to effect what he fancies, for then they would have established them. The Gentleman might have done well for the Benefit of his Countrey (if he intended it) to have suggested (if he could) what these Rules were, that they might have been considered; and till he declares what Rules he means, I can make no other construction of his words, than that he knows that the Parliament, could have made such Rules, though he knows not what. I Readily grant, the Parliament, (which is the Wisdome, and Supream Authority of the Nation) can and will make all necessary rules for the good of the Kingdome, and to say such Rules could have been made and yet never were, (though many Parliaments have been since the first Establishment of the East-India Trade) seems too much to reflect on that great Assembly. The Gentleman tells us, an instance of this is well known in the Turkey Company. An Instance of what? that the Parliament could have Established such Rules as to have gained 5 times, the East-India Trade? sure that cannot be the meaning; the Parliament having never made any Rules, much less such Rules for the Turkey Company. The Gentleman sure was so astonished, that he was in a Labyrinth, and lost his senses.

[Page 13]

To help him therefore out, though this be no Instance of the Parliaments making Rules, yet may it not be an Instance, that if the East-India Company did admit all Merchants to trade with their particular Stocks, (as he saith the Turkey Company do, though therein he mistakes; for its only their own Members that have liberty,) it would have increased and augmented the East-India Trade five times more than now it is? This certainly must be the thing he intended, yet I cannot find how it is an instance. The Turkey Company never were in a Joynt-stock (that not being so necessary and suitable to that Trade) so it could never be known what Increase the alteration from one to the other would have made; and it is evident, that the East-India Trade hath been more increased and inlarged within these few years under a Joynt-stock, than the Turkey-trade hath been under a Regulation. It is also certain (as before noted) that the East-India Trade in three or four years time of open Trade was almost totally ruined, and could not have been upheld so much to the Interest and Benefit of the Kingdom, unless it had been reduced into a Company, and Joynt-stock.

The Inconsistency of maintaining and carrying on the East-India trade in a Regulation without a Company and a Joynt-stock, the great mischief and ruine it might be to the Kingdom, both in point of Wealth and Strength (which includes all,) If we should lose or be cheated of that Trade, and what may be further done for the securing and augmenting of it, are Subjects would require larger Discourses than my time at present will admit of. I hope, Sir, what I have said, may be enough to satisfie you, that the Joynt-stock of the East-India Company is a sufficient security, and that the said Company is neither so obnoxious, nor my self or others that have lent Money to them, so ill advised, as the Gentleman in his Letter would insinuate. This is all I intended in answer to yours.

Bristoll the 30 June,
1676.

Table of contents

• 4. III. That since the Discovery of the East-Indies, the Dominion of the Sea depends much upon the wain or increase of that Trade; and consequently the security of the Liberty, Property, and Protestant Religion of this Kingdom.
• 6. V. That the East-India Trade is more profitable and necessary to the Kingdom of England, than to any other Kingdom or Nation in Europe.

A TREATISE Concerning the East-India Trade.

BEfore I enter upon the particular proof of the Propositions in the Frontispiece, I shall desire the Readers leave to mention some few general Opinions of my own concerning Trade, which I have long since entertained; and the older I grow in Experience, the more I am confirmed in them.

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• Postscript.
• Some things are here Offered, making easie to be understood the Equality of Rates that is set upon those enumerated Commodities Proposed. The Method of Surveying the Rooms, and Collecting the Duties, as 'tis said in the Proposal; and with what little Trouble those great Sums may be brought, and that very suddenly into His Majesty's Exchequer.

A DISCOURSE Towards the Raising of Moneys BY AN EXCISE.

WHEN we speak of an Excise, or of the Conveniency of Raising Moneys that way, we mean not simply the Excise now Established and Settled upon Beer, and Ale, and other Liquors; but the whole Duties of any kind whatsoever, that are Charged upon any Goods or Commodities expended within the Kingdom. The Duty of the Customs, (an Ancient and Honourable Revenue) as also the Additional Duty; when we consider either the One, or the Other, ( naturâ rei ) in the strictest Consideration of things, are no other than a kind of Excise, differing more in the Name, than in the Nature of the things; for, what else are they but a Tax, Imposition or Custom, (be they called as Men will have them) upon the Commodities that are spent, used or made amongst them. [Page 4]

This Notion being premised, there will be a fair way made, for the better apprehending the Matter in hand, which is, To shew the Conveniency of Raising Moneys, by way of an Excise, upon such Goods and Commodities as are spent among us; from which we have the Experience of that which is already settled, which will also give an unquestionable Testimony of the Commodiousness of such, both to His Majesty and People; inasmuch as those Commodities we send Abroad, and those we receive Home by our Merchants, Raise to the King little less than Seven Hundred Thousand Pounds per Annum , and that in a very facile and easie way, and to the great Satisfaction of the People: Now, somewhat the like Sum may be Raised from some other Commodities of the like use, which is the Design of this Paper.

But before we mention the Particulars, it may not be amiss to demonstrate, very briefly, wherein the Conveniency of this way of Raising doth consist: And that it is so Commodious as is suggested; which will appear, if we consider,

First, That there is a great Conveniency even in the very Manner of Collection, and abundantly more to the Satisfaction of the People, than usually is in other ways; for herein is a great Conveniency, inasmuch as that when this Duty is truly paid by the Body of the People, who are the Spenders of the Commodities; yet the Money being deposited by the Makers or Factors, who take it again, in the Price of them, at the Sale, the People pay it insensibly in the Value of the Goods they Buy; for we must not think that the Merchants or Traders pay all the Money of the Customs and Excise; they are but the Depositors of it, and the People paying it in a way so secret and insensible, it meeteth not with any Contradiction from them, as it would do, were they themselves to lay down the present Money. We have a manifest Proof of what is now urged from the Business of the Hearth-Money, a Receipt (had it been well managed) would, in a few Years, [Page 5] have brought to the Crown very great Sums of Money, and had daily increas'd it: and should there now, for some time, the Duty of One Shilling per Room, be laid upon all Useful Rooms in every House, we mean Mansions, or DwellingHouses, excepting therein the Garrets, Closets, Pantries, Butteries, and Pasteries, (the Poor to be exempted from this Duty) and all Persons, paying either to the Poor, or Church, Living in Houses of Two Rooms, to Pay but for One; if in Houses of Three, to Pay for Two; and if in Houses of Four, to Pay for the whole; and so upward. This Duty well managed will bring a Revenue greater than the Hearth-Money was. For, since the Repealing of that Act, a great many Thousands of Houses have been Built; and besides, there were Abundance of Houses that were Erected in the Time that Duty on Fire-Hearths continued, that neither had Hearths or Chimneys in them; Others had Hearths that never were laid or made use of; so that very great Troubles and Disputes did happen thereupon.

This Duty being laid, as is Proposed, a Law may be so effectually made, that after a true survey and discharge of such that are to be freed from that Duty, that Money will come in with as much Ease as any Tax now settled by Act of Parliament.

It is well known how that Revenue of Hearth-Money grew so uneasie, and vexatious to the People, the ill Management of the Farmers and Officers, were the true Cause of so many and great Complaints: But the Receipt of this Duty, if it shall be thought fit to be for some time paid, Offices must be Erected in their several Counties, to which (as in the Case of Excise) the People may repair, and pay in their Money, and receive their Acquittances gratis. And that, for Supply of His Majesty's present extraordinary Occasions, that Duty to be paid at the beginning of every Half Year, and so forward. And such Care must be taken at first, upon the Survey, to settle all things so, that there may be no room left for the [Page 6] People to cavil at, or to think themselves in the least injured.

And as Houses are New Erected, the Constables of every Parish may be obliged to give in to the Collectors an Account thereof under his or their Hands, which may be made known to the next Justice of the Peace.

We will next Propose some other Ways, very convenient for Raising Moneys, with the least Apprehension of those that pay it, if we consider what large Supplies of Money may be had this Way: And it is very necessary that all Persons do consult and find out the easiest Way and Means for Raising present Supplies to His Majesty.

The Duty upon Salt was the next thing to be considered; but that being already Granted, it will not be amiss to consider and examin, when a Tax was formerly laid, of a Half-Penny per Gallon, upon our own Salt; and a Duty proportionable upon Foreign; the Sum then accounted for, and paid in, was about Thirty Thousand Pounds per Annum ; the Salt allowed for the Fishery being excepted; under the Shelter whereof abundance of Frauds were practised, several quantities passing under that Notion, that never came to that use: So we will suppose three times the afore-said Sum, is or ought really to be accounted for, and paid into His Majesty's Exchequer; besides, the Foreign Duty is very considerable, and the Kingdom having in it, at this time, one Third part more of Salt Pans, than in the time the Duty was first laid upon it; and, therefore, far greater quantities must be now Made and Sold: And tho the Salters may pretend to leave off their Working and Making Salt, by reason of the Duty on Coals that are Water-born, there is not the least doubt or fear of that. For before the Duty of Twelve Pence a Bushel was laid upon Salt, those Salters in the Northern Parts did Sell at Twenty Six Shillings a Wey; and now the Duty is Forty Shillings a Wey, the Maker Sells for Four Pounds, Six Shillings and Eight Pence a Wey; we would therefore know where the Maker has any Loss, or if he Pay any considerable part of that Duty to the King: [Page 7] But the Generality of Complainers are such as get the most, when any Imposition is laid upon any Commodity, as in the Case of Excise and Salt. And it is most certain, that if this Duty were not laid, under which the Salters take the Liberty to Sell at their own Rates, Salt would be Sold again, in all the Northern Parts, at the Old Rate of Twenty Six Shillings a Wey, and where then would their Advantage be? So that the Duty upon Salt may very well be computed at Ninety Thousand Pounds per Annum , at least, besides Allowance for the Fishery.

Next, It will be a most convenient Way of Raising Money, if we consider what large Supplies may be had this way, no Sum of Money that the Necessity of the Kingdom can require being too great to be charged upon it.

England is a populous and liberal Countrey, and of a vast Expence; insomuch, as were there an Estimate made of the whole, and the whole made to pay, as now some part of it doth, it is inconceivable the Value of it: For, if a Custom or Imposition on Foreign Goods, (for otherwise we cannot, it adhering still to our former Notion, that a Custom and Excise are but the same thing) we say, if the Custom of the Commodities of other Nations, that are spent among us, and no more of our own Manufactures than what we send beyond the Seas, do Raise to His Majesty Seven Hundred Thousand Pounds, or more, per Annum ; What do we think may be Raised from those other of our Native Commodities that are spent among us, were they brought under the like Imposition? This being most certain, that the Expence upon our own Growth, Product and Manufacture, is abundantly more than our Expence of Foreign Goods, which will appear clearly by this; namely, That the Commodities of Beer, Ale, &c. (and no more of that neither than is Bought and Sold) do raise more Money than all the Foreign Goods Imported do amount to.

To make all this more manifest, and in order to a Recitation of Particulars, we would Propose one general Maxim, to which, if regard be had in the Settling the Excise of any [Page 8] Commodities, it can never fail of the ends Proposed, and that is this. Viz.

That whatsoever Commodities be made Exciseable, are to be of a large, universal and necessary Expence: Of a large Expence, otherwise, there will be a great Noise to little Purpose. If it be of an Universal Expence, then every Man will bear his Lot. If it be of Necessary Expence, there will be no avoiding the Use of that Commodity.

The Truth is, who-ever will throughly weigh this Maxim, shall, from the Inferences deducible from it, answer whatever Objections can be made against laying an Additional Excise. We have it all made good in the Instance of that Excise which is now settled, (viz.) Beer, &c. It is a Commodity of large Expence, and so a large Sum of Money is Raised from it. It is of Universal Expence, and so every Man pays his part in it: It is of a necessary Expence, and so necessary, as no Man can be without it; and therefore can never hinder Trade: And nevertheless all those Sums of Money that have been, for several Years, Raised from it, no Man can conclude, that there hath been so much as one Barrel of Beer the less Brewed for that Imposition that is laid upon it.

Things being thus far discussed, as to the grand Conveniency of it, we will consider what particular Goods and Commodities will fall under these Rates, and become thus convenient to be put under an Excise.

Another thing of the like Large, Universal and Necessary expence, is our Wool, or Woolen Commodities, wherewith this Kingdom eminently abounds, and expands its self into many Branches; as Cloth, Bayes, Tameys, Serges, Says, Stockings, LinseyWoolsey, Stuff, Cottons, &c. which are made in many Parts of the Kingdom, some Parts whereof pay no Aulnage, which may be very considerable, if all were brought to pay Twelve Pence per Pound, according to the Value of them: To be paid by him that doth first Buy them from the Maker, will, according to our Computation from the Aulnage Duty, amount to Seventy [Page 9] Thousand Pounds per Annum , and this will be as easily collected as that is.

That this can do no Harm to our Trade at Home, will be clear, by referring to our former Maxim; nor can it prejudice our Trade Abroad, because the Rate proposed is so inconsiderable, as it can have no influence on Trade, to hinder the Sale of these Commodities we send out: If it should be thought to do so, there may be Provision made for what is Exported; but then, what is spent at Home we would Propose to go at a higher Rate.

Another Commodity, of a Large, Universal and Necessary Expence, is Tallow. It is little known what a vast Quantity of this Commodity is spent in England. It will bear an Excise of Five Shillings for every Hundred Weight. The Collection will lye best from the first Melter, giving him a Months Time for Payment, from the Time of his first Melting. The Value that this will amount to, will be best seen, by considering the Expence of this Commodity; as chiefly in Candles: Five Shillings upon the Hundred Weight of Tallow, will reduce them to near Six Pence upon every Dozen: Now, at this Rate, we observe, That the middle and meaner Sort of People spend as many, as, at Six Pence per Dozen, will answer a greater Sum than is paid for their Rooms, so that the Gentry and Nobility will consequently Pay considerably more: We find also, besides the standing Expence of private Families, there are accidental Expences; as those that are spent in Taverns, Play-Houses, at Sea, on Ship-board, and in Churches, Mines and Colleries; we find also many of our Candles Bought by Foreigners; and besides all these, the great Quantity of Tallow that is spent in making of Soap: All which will equal the Expence of private Houses, and, in the whole, may produce Eighty Thousand Pounds per Annum .

Another way for the Advancing this Excise, is, that the respective private Families in the several Counties in England, may [Page 10] pay an Excise for their Beer, as all the Families in the City of London, and all other great Towns do, where the People take their Beer from the Common Brewer.

Now, to bring all Families to the same Standard, is surely no hard matter, save only the difficulty will be how to Collect it, since it will so unfit to give such a Liberty to Officers, as to enter all private Houses, to take the Inspection; but this is easily prevented, by putting it into another way, viz. That every Malster, or Maker of Malt; shall give a true Entry of all the Malt he shall Sell; and whatsoever is Sold to any Private House, to Pay Six Pence per Bushel: This is one Way, and may be of great Advantage for other Purposes than what we are now speaking of: Or else, a Second way may be, to charge the whole Consumption of Malt with a low Duty, that is, at Three Pence per Bushel, to be paid by the Maker; and at this low Rate may be Raised Two Hundred and Fifty Thousand Pounds Annually, because of the vast Expence of it. We know it will be presently Objected, That by reason there is an Excise on Beer, this will be somewhat hard. To which we answer, No, not at this time, when Malt is at so moderate a Price to what it was formerly; which is such, as that all Persons would, notwithstanding this Duty, Brew their Beer at little more than one Third part of the Price they did Pay at that time. Could it be discerned, that those that Brew Beer for Sale (who will be the chief Persons that make the Objection) did, upon Consideration of the great Plenty, Sell twice as much for Money as they did before, or make it answerably good in the Quality, (which indeed cannot well be) there would not a Word be said more of this kind; but finding no such thing as this done, it cannot be taken amiss to Plead, that the King may have a little share in this Publick Benefit, and their Fellow-Subjects also, in being somewhat eased in other Payments. When the Parliament had Granted that Noble Royal Aid of Five and Twenty Hundred Thousand Pounds, [Page 11] and afterwards seeing the King's Necessities require more Moneys, did they not very chearfully make an Addition, by Increasing those Rates formerly settled, when they saw their Rents in a manner falling. And shall these Men stumble at this small Addition, when their Profits are so Increasing, they may well take Notice how indulgent Authority hath been in not holding them to the Strictness of those Statutes all along, which did enjoyn them to such Rates, Prices, and Measures in Selling their Beer, as should they have been held to observe, it would have hindered them more in One Year, than this would do in Two: So that from the whole we cannot but Propose, that while the Blessing of this great Plenty continueth, and the Prices of Malt not rising, it may, for some time, at least be submitted to this small Imposition. The Inspection of this being easily made, for all coming to the Cistern, it is as easie to see what Barley is steeped in a Cistern, and take an Account of it, as to know what Beer is set to work in a Tun. This small Duty being laid upon Malt, will be of the same Advantage as the Charging the Duty upon the Coffee-Berry, Tea, and Chocolate, at the Custom-House is found to be.

Another Commodity of great, Universal and Necessary Expence, is our Leather or Hydes: There are spent near Ten Thousand every Week, we are sure there are as many great Cattle Kill'd, from whence we take the Estimation. This Commodity is spent several ways; as in Coaches, Boots, Saddles, Shoes, Holsters, &c. A Duty of Two Shillings per Hyde on each great Hyde, One Shilling upon lesser Hydes, and One Shilling a Dozen upon Calves-Skins Tann'd, will, at that Rate, Raise about Thirty Five Thousand Pounds per Annum .

Another Commodity of Universal Expence, is Hats: They are of Three degrees; as Bevers, Casters, and Felts. Four Shillings on every Bever, Twelve Pence on every Caster, and Six Pence on every Felt, to be paid by him that first Buyes them from the Maker, is a Rate which they will bear. What [Page 12] this will produce, it is hard to make an Estimation, in regard there are not such Rules to proceed by as in other things; but, undoubtedly, it will amount to One Hundred Thousand Pounds per Annum .

The next thing we shall name, is our Home-made Silks: They are of a large Expence, and Necessary too; by how much it is necessary for the Gentry to be distinguished from other Persons: Of which, divers sorts are made in England, and most consumed within our selves. These being judged Commodities of a more superfluous Expence, may bear the greater Duty, as Twelve Pence or Eighteen Pence on every Twenty Shillings Value: And this also must necessarily produce a good Sum of Money Annally, since we find, not only among our Gentry, but our Lower sort of People, yea, even unto Servants, Silks are made Common among them. What Sum of Money it may Annually produce, is likewise hard to compute, for the Value of them hath not been lately consider'd, but it cannot fail of producing a good Receipt of Money.

The last thing we shall mention, for the Advancement of Money this Way, is the bringing all the Foreign Commodities spent among us, to Pay the same Rate as they did in the Year 1656. and so for some Years following. This will Raise One Hundred and Fifty Thousand Pounds, or rather more. That this was no Prejudice to Trade, needs no other Proof, than that in those times; while these Goods paid these Rates, there was a greater Importation of them, than ever hath been since.

These are the Principal Commodities of a Large, Universal and Necessary Expence, upon which may be Raised a Million of Money per Annum , with the same Ease as the Money is now Raised from the present Rates of the Customs, and the Excise of Beer.

And to be a little earnest in the Case, What hath any Man to say against it, if he will reason by Arguments properly deduced from the Nature of Trade, and true Constitution of [Page 13] things. What Difference is there between Raising Moneys this Way, and the Customs? What greater Difference is there in the Managing or Improving this now Proposed, than that which is already Settled? In the Customs, the Merchant makes his Entry, pays the Money, and receives it again in the Sale of his Goods. In the Excise of Beer, the Brewer doth the same. So here the Salter, the Melters of Tallow, the First Buyers of Woolen Manufactures, the Tanner for the Hydes, the Malster for his Malt, &c. in their several Capacities, make their Entry, pay the Money, and take it again in the Sale thereof: Where then is the Intricacy or Difficulty? or, What is this more than the Customs expanded into other Particulars?

Most of what is here Proposed, was ready some Years since to have been Offered to the Consideration of the Honourable House of Commons; but the Proposer did not then meet with any great Incouragement for it, until now, there being, at this time, great Occasion for Raising Money by the most Easie and Universal Way, in Order to save something of the Land-Tax, which is, and must be the standing Prop upon all Occasions. If these Duties be well managed, when laid on, there will not be any doubt, but very great and considerable Supplies of Money will be had to manage, and carry on the War against France with more Vigour than ever.

And whereas it may be said, This Duty being now laid on, the Sellers will set up extraordinary Rates upon their Commodities, and thereby get Estates out of the Ruins of them that Buy. It is answer'd, That great Care will be taken, that the Sellers may be kept to the Prices accustomed for some Years past, and shall not impose any more upon the Buyer than the Duty now laid upon the several Commodities.

Having attempted thus, in brief, to shew, according to the best of my Understanding, how a considerable Sum of Money may, with much Ease and Equality, be Raised by an Excise, on some few particular Commodities, for the [Page 14] Carrying on the War against France; the laying the same, or such other Excise as may be thought fit: As also, the further Improving of it on many other Particulars, not here set down, is, with all Humility, Submitted to the great Wisdom and Consideration of this Honourable House.

By Your Honours
Most Humble
And Obedient
Servant,

W. C.

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Table of contents

• TO The Most Noble Thomas Duke of Leeds Marquiss of Carmarthen, Earl of Danby, Viscount Latimer, Baron Osborne of Kiveton; AND KNIGHT of the most Noble Order of the GARTER. GOVERNOUR of the Royal Fishery of ENGLAND.
• PREFACE .

• 1. CONCLUSION.

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

[Page 2] [Page 9] [Page 18] [Page 19] [Page 20] [Page 21] [Page 33]

THE PROPOSAL.

• 1. THAT towards raising a Joint-stock for Employing the Poor in a National Fishery, a Million be Subscribed.
• 2. That the Money Subscribed be called Stock, and be Assignable.
• 3. That every Subscriber, at the time of such their Subscriptions, pay to ...... One full fourth Part of his, her, or their respective Subscriptions; and in Default of such Payment, every Subscription to be utterly Void and Null.
• 4. That the residue of the said Subscriptions, be paid by such Proportions, and at such Days and Times, as by a General Court of the said Subscribers, shall from time to time be appointed: And in Default of such Payment, that then the fourth Part first paid, as aforesaid, be forfeited to the Use of the Corporation, herein after mentioned, their Successors and Assigns.
• 5. That the Subscribers be Incorporated by Act of Parliament (by the Name of the Corporation, for employing the Poor of England in a National Fishery) with perpetual Succession.
• 6. That at a General Court to be held for the said Corporation, Thirty be chosen out of the said Subscribers, by plurality of Votes, and presented to the Parliament.
• 7. That out of the said Thirty, Ten be nominated Fathers of the Poor, and Directors of the National Fishery by both Houses of Parliament, approved by His Majesty, and accountable to them for their Trust.
• 8. That in case of Vacancy (by the Death, or Misdemeanor) of any one of the said Father's of the Poor (during Sessions of Parliament,) the said Corporation to present Three, out of which His Majesty and Parliament to nominate One, as before, and so toties quoties . But in case the Parliament shall not then be sitting, that such Vacancies be filled up by the Majority of the Surviving Father's until next Sessions of Parliament; and then the Corporation to present, and the King and Parliament to approve as before.
• 9. That such Father's be Impowered to Constitute under the Seal of the said Corporation, a sufficient Number of Deputies in each County in England; and that such Deputies be, and be called Steward's of the Poor.
• 10. That the said Father's and such Steward's of the Poor, be exempted from all Parish Offices.
• 11. That the said Father's, and such their Steward's be vested with all Authority now in Justices of the Peace; and that all Parish Officers be subordinate and accountable to the said (Father's and such their Steward's,) in allthings (only) relating to Employing the Poor.
• 12. That the said Father's and Steward's have Freedom to set the Poor on Work, about [Page 35] such of the said Trades relating to the Fishery as they shall think fit, with a non obstante to all Patents that have been, or shall be granted.
• 13. That to prevent People from being opprest and ground to Poverty by Pawn-Brokers, that screw out of them 40 or 50 per Cent; the said Father's may be allowed to erect LumberOffices in every City and Town in England exclusive of all others, upon Condition they take not above ...... per Cent. per Annum .
• 14. That in all Churches (as in Holland) at every Solemn Assembly, the Church-Wardens with a long Staff, Bag and Bell during the Sermon, receive the Charitable Benevolence of the whole Congregation, and pay the same to the said Father's, who shall cause a true Account to be kept thereof, and apply it to the Erecting Hospitals in London and other Great Cities, wherein Poor Women near the time of their Travel, may be received and carefully Delivered, and remain till they are in a condition to return Home, and follow their Work: And if at the Years end, any Overplus of such Collections remain, that the same be yearly applyed for Marrying poor Maids.
• 15. That until the Business of the Fishery be sufficient alone to give Employment to all our Poor, (or at least during Ten Years next after the Establishing a National Fishery,) the said Father's and Steward's of the Poor, may be Impowered to Imploy such of them as they shall think fit, in erecting Free-Schooles, Hospitals, [Page 36] Work-houses, and Ware-houses; for the Corporation, in making Enclosures, in repairing Sea Banks, draining Fens, cleansing and deepning Rivers and Havens, in building and repairing Churches, Bridges and Causeways, in mending Roads, in planting Oaks near Navigable Rivers, and Fruit Trees, in Inland Countries, also in cleansing of Streets, Commonshores and the like.
• 16. That the said Father's of the Poor, be Impowered to send such Refractory Poor as they shall think fit, to serve in His Majesties Plantations, taking Security for their comfortable Maintenance during their Service, and for their Freedom afterwards.
• 17. That all the Poor's Rates in England be Collected, as formerly by the Church-Wardens of each Parish, and by them quarterly paid into the Treasury of the said Corporation, as a Recompence for their providing for the Poor, and freeing the Nation from Beggars.
• 18. That the Million Subscribed, be always kept Intire, as a Security to Indemnify the Nation against the Charge of the Poor; and the Income and Profit's be only divided amongst the Subscribers.
• 19. That the Treasure of the said Corporation be accounted as Sacred, and that it be Felony to imbezel, lend, convert, or apply the same to any other Use, than maintaining the Poor, or carrying on the Business of the Fishery.
• 20. That the said Father's may buy up when Cheap, a certain Quantity of Corn, Coals, &c. yearly, and lodge the same in their Granaries, for the Use of the Poor, but not make Merchandize of them, or sell them again in England.
• 21. That the Stock in the said Fishery be not chargeable with any Rates, Duties, or Impositions whatsoever.
• 22. That Debts due to the Fishery, for Goods by them, bona fide sold and delivered, take Preference of all others, Except those due to the King.
• 23. That all Persons may Fish as formerly, and sell what they catch in England, but none Export any Fish but the National Fishery without paying them ...... per Cent.
• 24. That the said Father's and Steward's, be Impowered to bind such single Persons to the Company, as the Church-Wardens and Overseers of the Poor by the Statutes of 43 Eliz. 2.1 Jac. 25.21 Jac. 28. and the 3 Car. 4. are Impowered to put out Apprentices, the Boys to Serve till Twenty four, and the Girls till Twenty one Years of Age; at One of the two and thirty Trades more immediately relating to the Fishery.

• The Companies Interest will oblige them to Provide the best and soberest Masters.

  How to prevent their Desertion can be shown beyond Objection.

  The Boys being in the Fishing Season employ'd at Sea, and working at other Times [Page 38] at that Trade relating to the Fishery to which they were Bound, when their Time is out, will be able to get their Livelyhoods either at Sea or Land; and if to render them more capable of serving their Country, the said Father's or Steward's (at Four a Clock each Saturday in the Afternoon) should cause them when (on shore) to Muster, and Exercise although only with Staves,) and for Diversion to play at Cudgels, or Fence, and reward the Conquerer with liberty of wearing a small Ribbon, whose distinguishing Colour of Red, Blew, &c. should Entitle them to be called Captains, Lieutenants, &c. by the rest of their Fellows, till next Weeks trial of Skill: How soon would Emulation beget Address? And what a Treasure and Strength to England would such a Sea-Militia be, always ready for Service both by Sea and Land, and yet no Charge to the Nation till actually in it.

  That His Majesty may be addressed to grant Leases to the said National Fishery, of all Wasts and Derelict Lands to be by them used in building Warehouses, curing Fish, spinning Twine, and drying and beeting their Nets and the like; and also to be by them distributed amongst such of their Apprentices, their Heirs and Assigns, as shall have faithfully served them Eight, or more Years, not more then five Acres apiece.

[Page 39]

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

WHEN I see a Proposal for raising of Money, with a more than ordinary Shew of Zeal for Publick Good, what I first look for is, a certain little Thing in a Corner, which may be properly call'd, The JOB; or what is to [Page 6] be got by the Projectors? And, to say Truth, I was not long, before I discover'd This in the Proposal now under Consideration. And that I may undeceive some well-meaning People, who seem not to dislike the Project, and likewise unmask those pretended Patriots; I will endeavour, in few Words to prove, That the Redemption of the Publick Funds, by breaking into Parliamentary Contracts, as propos'd in the Journals of the Wednesday-Club, and in the two Schemes extracted out of the said Book are Unjust, Dishonourable, Unnecessary, Impolitick, and lastly, a manifest Roguery, calculated to draw a Sum of Money out of the Pockets of the fair Purchasers into those of the Projectors, and their Confederates.

Before I enter into the Subject, I think I am bound to declare, That I only examine the aforemention'd Journal; and, that I am so far from suspecting any ill Design in those of higher Posts, whose Business it is to contrive Schemes for the Payment of Publick Debts, that I think, by the Contempt [Page 7] they shew of a little popular Clamour on this occasion, they give Proof of their righteous Intentions, and of a steddy and publick Spirit; and I hope they will be supported in all their honourable Proceedings, in so commendable a Work, which, considering their good Judgment, must tend as well to support the Credit and Honour of the Nation, as to pay its Debts.

As to the Injustice of a forc'd Reduction of Funds that are not redeemable, I need say no more than to state the Case of any private Person or Corporation, who has made an absolute Sale of an Annuity; whither such a Person can in Justice force his Annuitant to refund Part of the Money already receiv'd, or retrench any Part of his Annuity for the Time to come, or give up his Security upon Payment of his Original Price? and I desire the Publisher of this learned Journal to apply his Argumentations in this Case, and see how ridiculous they will appear. I suppose this great Lord tells his Annuitant,

[Page 8]

That when he made the Bargain, his Necessities were pressing, and consequently the Contract disadvantageous.

That Money, at that Time, was at a higher Interest, because scarcer, and the Hazard of losing it greater; but now he could borrow upon easier Terms; therefore, he must either take back his Money, or rebate a third Part of his Annuity.

That if the Annuitant would not consent to this Rebatement, he should be forc'd to rack his Tenants, or mortgage some Part of his Rents.

That by such a Rebatement, his Tenants would sell their Goods at Market cheaper, of which the Annuitant himself, who commonly bought of them, would have the Advantage; and therefore Interest, as well as Justice, oblig'd him to consent to such a Rebatement.

That he had other Creditors who had not so advantageous a Bargain, as the Annuitant, and some who had of their own accord disburs'd Money for some of his Prede [Page 9] cessors who had no Security at all; that its (sic) was highly unjust his Creditors should be upon an unequal Foot.

That it was well known, that some Year ago, when his Credit was not so good, his Annuitants transfer'd for Two-thirds of the Money, which they now value their Annuities at; in short, if they were willing to accept of that Sum, there it was; if not, they might take their Course, he had those about him that would make them all deliver up their Securities.

I think this is the Sum of what is said through 276 Pages of the Journalist. If we shift the Scene again, and in Place of this great Lord, substitute a Nation or Body-Politick, the Injustice will be only so much the more flagrant and scandalous, as the Person offending is more conspicuous. The Rules of Right and Wrong are immutable, and will no more bend to the Great than to the Small.

Before I go further, I must take notice of the Impropriety of the Word [Page 10] Redemption, in the Sense of the Author. Redemption, or buying-back a Thing, implies a Contract between the Buyer and Seller, where both must act as free Agents: But if one Man forceth another to part with his Goods at what Price he pleases, in private Persons it is called Robbery, in Governments, Resumption; which Word I will beg leave to use sometimes, instead of the other, as more proper.

(P. 250.) One of the Author's chief Arguments for the Justice of such a National Resumption, is taken from the Law of God, and the Example of good King Nehemiah; but unfortunately this will prove the Resumption of the Whole, not only to be just, but necessary. The Law of God prohibits the Taking of Usury (by which, among the Jews, was understood all manner of Interest) and so, I suppose, if the Authors Scheme were pursu'd, this Law, enforc'd by a short Act of Parliament, would, in Time, resume the Whole, as it doth now a Third. The Example of good King Nehemiah [Page 11] is strongly recommended to his present Majesty, as worthy of Imitation, and a shrewd Hint given of the Period when such a Total Resumption is to commence, viz. the Seventh or Sabbatical Year, as the last Act and Deed of the present House of Commons; but, I believe, they are more likely to send the Author to Bethlehem Hospital, than to take his Advice. This Argumentation is so silly, that it hardly deserves an Answer: I only beg leave to observe, That the Resumption of Nehemiah was a Judgment upon the known and establish'd Law of the Country, which prohibited taking of Usury; and this Determination acquiesced in and consented to by the Possessors of these Mortgages, not a Law ex post facto , to dissolve a lawful Contract. So much for the Theology of the WednesdayClub.

But I would gladly ask, what he means by Usury, and how he applies it in this Case? Money is like other Commodities; sometimes dear, sometimes cheap; according to the Pro [Page 12] portion of its Plenty, to its Vent or Demand. If a Person has purchas'd, for a Price specify'd, a certain Quantity of a Commodity from me, when it was dear, would he pay me only according to the Price-Currant, when it is sunk a Third in Value? Let our Author apply that Maxim to common Traffick, and try what Credit it will produce amongst Mankind. The Case of the Annuities is still stronger; for the Price, that is, the Security that entitles a Man to it, is actually paid, and he would have the Government (the Purchaser in this Case) resume a Part back again, because he can now buy the same Commodity cheaper: Indeed, where there is a Clause of Redemption, the Restitution of the Money is the full Performance of the Contract.

( P. 252.) But, says the Author, Clauses of Redemption are plainly meant, tho' not express'd. I would gladly have the Author, and his famous Club, publish a Supplement to the Statutes, consisting of [Page 13] Clauses in Acts of Parliament, that are meant, but not express'd; and let this new Sort of Law be set up, and I will promise him, not only the Government Securities, but all others whatsoever, will sink 20 per Cent in Value. Our Author's Scheme is compos'd of too high-relish'd French Ingredients: The Regent's Method of paying of publick Debts, and Lewis the XIVth's Method of explaining publick Treaties; with a small Dash of the Spirit, where the Letter is defective.

There is another Cause that raises the Value of Money in a Loan; the Hazard of losing it; in Proportion to which Chance, the whole Value of the Adventure is to be calculated. Thus 100l. a Year, payable upon the Contingency of one Person's out-living another, whose Life is equally good, is only to be reckon'd and purchas'd as 50, and only the half of the absolute Value to be payed for it; and when the Proprietor of such a Reversion comes to be entitled to his 100l. a Year, would it not be highly Unjust to give him only [Page 14] Possession of 50, because his original Price answer'd only to that Sum? From an Analogous Reasoning, all the Dangers of the Government, and all the possible Cases of Insolvency, must be reckon'd in to the Account of the Purchasers; and it would be full as Unjust in the Government, as in the Seller of the Reversion, to deduct a part of the Sum, in Consideration of its greater Security and Credit, when it is now in better Circumstances. I dare say, had the Purchasers had the least Apprehension of Schemes, such as the Author has set up, the Government must have paid still double for their Bargains.

But this Redemption will appear more monstrous, if one considers the Cases of Widows, and Orphans, entitled to Annuities by Marriage-Settlements for valuable Considerations; and I desire the Author, or any one for him, to unravel the Difficulties of the single Case of Reversions, with any tolerable Justice or Perspicuity.

[Page 15]

To alledge, as he does, P. 143. the Smalness of their Number, and consequently, that the Injustice is inconsiderable, because not extensive, is in effect no better than this: Gentlemen, There is a Necessity for making a Law which will involve a great many Innocent Persons in Sufferings; but you may depend upon it, according to the nicest Calculations, not above 6 per Cent. of you shall be hang'd. As to his other Proposal of distinguishing such Cases of Compassion, I hope the Government will make the Wednesday-Club Commissioners of Enquiry for the forfeited Estates of the Annuitants, and applying of such Præmiums; and I'll promise you they will not change with the Commissioners of the forfeited Estates of the Rebels.

After having prov'd the Author's Scheme of Resumption unjust, I think I need not add, that it is dishonourable; is it not then an unpardonable Presumption in this Journalist, to suppose a British Parliament will do, what the greatest Scoundrel would not a [Page 16] vow? Refuse to pay a just Debt, break their Faith, violate a solemn Contract: A Parliament compos'd of Persons, that have always made the Supporting of the Funds their Badge of Distinction, from those of the opposite Party, whom they have branded with contrary Sentiments: Will they resume the Nick-names they have given their Antagonists at Elections, and suffer the Tory-Spunge to be thrown in their Teeth by the Populace? Tell it not in Gath. Can he suppose, that this House of Commons has forgot what they told his Majesty two Years ago? That nothing can contribute more towards preserving the Credit of the Nation, than a strict Observance of all Parliamentary Engagements, which we are firmly resolved upon all Occasions inviolably to maintain.

Can they put such an Interpretation upon his Majesty's Words, recommending the Payment of the Publick Debts, as if they signify'd a Resumption, when his Majesty told them in express Terms, at their first Session, ‘that nothing can contribute more to the [Page 17] Support of the Credit of the Nation, than a strict Observance of all Parliamentary Engagements’? What Punishment then is due to such Insolence, that can suppose, that the same House of Commons (with Reverence be it spoken) will, like Common Cheats, promise any Thing in their Streights, and when those are over, leave their Creditors the rueful Exerience of their forward Credulity?

This Method of Redemption, in the Author's Sense, if apply'd with the Equality so much pleaded for, will raise a much greater Sum than what is propos'd; for it ought to affect equally all that have made advantageous Bargains with the Government; then, why is it not equally just to repay to the present Proprietors of the Forfeited Estates in Ireland their Original Price, as to the Annuitants? They have both the same Security, the Faith of an Act of Parliament; only the Landed-Men have made the more advantageous Bargain, for their Purchase is risen to be near double in Value; and the Commissioners for such [Page 18] a Redemption, can as easily value Repairs and Improvements as the Extraordinary Cases of necessitous Annuitants. Nay, if the Author pleases, let us carry his Level into another Field, and redeem all the Fee Farm Rents that have been alienated from the Crown at an under Value; and what is infinitely more just still, resume the Exorbitant Grants of the Crown for several Years past; for there is no Proportion between him that paid the just Value, and him that paid nothing; between one that has a Parliamentary Security, and one that has none; between those that can spare it, and those that can not: And if they had Parliamentary Securities, it is always more just to take back an extravagant Present, than to defraud a fair Creditor.

As an Instance of the Right of Parliaments to seize upon private Property, where the Publick Good demands it: It is said, that if the Government had occasion for a Fortification, or a Harbour, they can oblige the Proprietor to [Page 19] part with the Ground, where they are to build. I answer, not in Justice, without paying him the Value. Indeed, Governments have sometimes limited the Price, when the Proprietor was extravagant in his Demands; but there is no Parallel between a Case where the Safety of the Government is immediately concern'd, and one where it is not; where no publick Faith is broken, and where it manifestly is. Besides, such a Power by Acknowledgment belonging to all Governments, all Proprietors of Lands, purchase under the Chance of the Exercise of it, as much as under that of a Land-Tax. This leads me to the Case of Necessity that is pleaded.

And here I beg leave to observe, that Necessity set up in Opposition to Justice, is a terrible Plea in the Hands of the Mighty. Necessity may be a Plea for one Man's eating another; and in its full extent, upon some Occasion, might justify the Victualling a Ship with some of the Annuitants, as much as it does now seizing upon their Property.

[Page 20]

To state this Case as disadvantageously for my self as possible; there are about 40 Millions of Debts, with Interest above 5 per Cent. of which there are about 21 Millions Annuities; of these Annuities about 10 Millions of 99 Years, and 11 of 32 Years; of the 11 Millions of 32 Years Annuities, there are, I think, 2,400,000l. which are not redeemable; the rest are: But suppose the Debt of 11 Millions of 32 Years Annuities were left as it is, they will all expire, either a Year before the last Period fix'd by the Author, for Payment of publick Debts; or at the time, or three Years after the time. The remainder then is 19 Millions, which is a pretty large Subject for the Frugality of the Government to work upon, and yet it is manifestly practicable to pay this Debt off. For an Annuity of 1 per Cent will pay off a principal Sum in 33 Years, with Interest at 6 per Cent; and in 35 Years with Interest at 5 per Cent; so that the Sum of 190,000l. will pay off 19 Millions in that time; and 290,000l. will pay [Page 21] off the whole 29 Millions of publick Debt, (exclusive of the Annuities of 99 Years) according to the Author's extravagant way of reckoning: But suppose by a settled Condition, (of which we have the happy Prospect under his present Majesty) and a great Abatement of Annual Expences, the Nation should be able to make some great Payments of the Capital, or raise half a Million a Year; that half Million will pay off the whole 29 Millions in 28 Years, (two Years more than the Author's period) reckoning Interest at 5 per Cent.

As for the 10 Millions of 99 Years Annuities they are no less redeemable than the other Funds; the single Question is, Whether this is to be done at a forc'd Price, or at a Price by fair Contract, between the Buyer and Seller? (which I think can only, with propriety of Speech, be call'd Redemption:) For if a private Person can purchase an Annuity, a Government can; all the difference between the Case of a voluntary, and that of a forc'd Redemption [Page 22] (which I will put at 4 Years purchase) will be 2,788,275l. 17s. and 6d. This I affirm is not a Sum to be put in Ballance with the Honour and Credit of the Nation. It is certainly a very practicable Thing for the Government to convert those 99 Years Annuities, into a redeemable Debt; and let them but open a Subscription at any time, with some Advantage to the Annuitants, at the currant Interest of Money at that time, and the Bulk of them will be subscrib'd: And to a Government that supports its Credit, it will be all one whether the Price of these Annuities be high or low, because they can only rise as the Interest of Money sinks, the latter being the Cause of the former; yea, it will be the Advantage of the Government that they should be high, rather than low, because they can in that case borrow Money at so much a lower Interest, either to buy off those Annuities, or to pay off those other Funds that are redeemable.

[Page 23]

I have in these few Hints purposely avoided precise Calculation, for the Reader's ease; and if there be any little Error in the Numbers, it will not break the thread of the Reasoning.

It is true, the Annuitants, if Parliamentary-Contracts are observ'd, must be in a better Condition than the other Creditors of the Government; but to such as find fault with this proceeding, the Government may answer, as the Landlord in the Gospel did to the Murmurers, against his seemingly unequal Dealing with his Day-Labourers; ‘Friend, I do thee no wrong, didst thou not agree with me for a Penny? take that is thine; is thine Eye evil, because I am good’? This may be said for the Annuitants, that those Creditors of the Government who have had their Money upon the Stocks, have had many Opportunities of improving their Capital, and turning it to Advantage, and which the Annuitants have been deprived of; for the loss of which, this new Advantage [Page 24] may be but a reasonable Compensation.

It will not be improper, in this Place, to apply my self to the LandedMen, and desire them to consider, that tho' this Project of Resumption seems alluring at first Sight; yet it is highly probable it may be the Cause of greater Suffering to them, than all the present Advantage they can reap by it; for they stand, in relation to the Government, as a perpetual Security to a Debtor; and whatever false Steps the Debtor makes, the Security must at last pay for it. And if by the Wound which such a forc'd Reduction gives to publick Credit, the Government, in some future Exigency, should be forc'd to give exorbitant Interest, they will feel it more sensibly than they did some Years in the last War, when their Lands sunk several Years Purchase. One Thing is plain, That sinking the Credit in the Government, will naturally hinder the Lowering of Interest, which is always to their Prejudice.

[Page 25]

As to the Necessity of Relieving the People from the heavy Taxes upon which those Annuities are payable, it must be consider'd, that according to the Author's Scheme, either those Taxes, or Taxes equal in Value to them, must be continu'd for a lesser Term of Years; and it will not be any Hardship to change their Funds, if the Annuitants have an equal Security, and the same Sum as punctually paid.

I have suppos'd hitherto Interest at 5 per Cent; but it is almost certain that Interest will still sink much lower, as the Government pays off its Debts; for what can their Creditors do with their Mony? Keep it by them? That is worse than the lowest Interest. Employ it in Trade? That is pretty much charg'd already: Besides, the Bulk of such Dealers in Mony are unskilful, and timorous in Projects of Trade. Will they carry it Abroad? There they have less Interest, and [Page 26] worse Security. Purchase Land? That will rise in proportion. I cannot see what is possible for them to do, but to lend it back to the Government upon any Terms. This will appear evident to any one, who considers what the Proprietors of Ten Millions of South-Sea Stock could do with their Mony, if the Government should tender it? To be sure they must lend it back at Three per Cent. rather than keep it by them, and all this with the Credit and Honour of the Government; whereas on the contrary, should the Government force the Proprietors, by a Law, no Body can tell what Terms they must borrow Mony upon for the future.

These few Hints may serve to prove, that there is not so great a Necessity for so violent an Expedient, which the Greatest will hardly justify. I proceed now to my third Head, which is to shew, That a forc'd Reduction of the Funds is highly impolitick.

[Page 27]

What Value can be set upon the Faith and Honour of a British Parliament? What has carry'd us through two such Terrible and Expensive Wars, as History can hardly parallel? What has sav'd us in the most dangerous Junctures? Nothing but the Opinion of the World, that the British Nation would never violate their Faith: And as this Principle has sav'd us in our past Distresses, it is able to do so in Twenty more: And shall we barter this invaluable Jewel for a paltry Sum of Mony? Must the Generous, Steed that has carry'd the Soldier through Twenty Battles, and may carry him through many more, be knock'd in the Head to save the Expences of Keeping? Can any Man say we shall never have occasion again for National Credit? Perhaps it may be answer'd, if such a Juncture should happen, the propos'd Resumption, with the Land and Malt-Tax, will enable the Government to carry on any War they may be engag [Page 28] ed in afterwards, without being obliged to borrow. This is so absurd, that the very Insinuation is enough to Ruin the Publick Credit entirely; for the Surplusses of the Funds, by the Author's Scheme, being engag'd for Payment of the principal Sums, the applying them to the Yearly Service, must put the Proprietors out of all Hopes of ever being reimburs'd, and involve the Nation in insuperable Difficulties; for this is seizing first upon the Interest, and then upon their Principal. To all this the Author answers, with a Never fear: England will always find Mony: Great Premiums will always bring it in upon an Exigency. But is it not obvious for a mony'd Man to reason about his Premium, from the Experience of the Reduction of his Interest? 'Tis true, Gentlemen, you allow me such a Rebate now, but when this Difficulty is over, I shall only be paid according to the Sum advanc'd; and be told, That I Prey'd upon the Necessities of the Government. Can a private Man who refuseth to pay a [Page 29] just Debt, ever hope to borow again in his Difficulties? If I grant, that a private Person may, because the Law can compel him to pay if he is able; I am sure a Government never can, because they cannot be compell'd. Credit is compos'd of Ability and Willingness to pay; in Persons under the Power of Laws, there is a Remedy against the Latter; but Unwillingness in a Government, is an infinite Obstacle which no force can remove: Therefore, their Faith should be inviolable, as much as their Power is uncontroulable.

If the Government should make the smallest forc'd Rebatement of their Debts, can any Man say where this will stop? Necessity and Convenience are Arbitrary Things, of which every Man judges according to his present Views; but these Points are still more ticklish, when they take the Mony out of one Man's Pocket and put it into another's: In such a Case, few will trust to the Rectitude of Judgment, when they have Experience of [Page 30] the Perverseness of Inclinations. Can any Man say to Violence, so far thou shalt go and no further? The Plea of the Resumption-Men, when the Fences of Justice are once broke down, may serve as well for the Whole, as for the Part. Thus it may happen, in process of Time, That as one Sett begins to rub out a Part of the Score with a wet Finger; another (by the Assistance of the same Argumentations) may come at last with their Spunge and rub out the Remainder.

I might, on this Head, appeal to the Experience of Governments which have suffer'd by breaking their Faith in Mony-Contracts, and never could again be trusted in their Exigences. I believe the Examples of the Methods that are now practic'd in France and Holland, in relation to publick Funds, do not prove, by their Consequences, that they are worthy of Imitation; and I will be bold to aver, That should any new War happen, the Credit of the British Parliament would be of more Advantage to us, [Page 31] than all the Funds they have redeem'd with the Loss of their Credit: Yet it is from the Proceedings of France that the Author seems to have copied his Scheme, with this difference, that the Determinations of the French Chambre Ardente , are more equitable than those which our Author offers to a British Parliament; for no Body will deny that it is more just to make some Individuals, (which by base and indirect Means have overgorg'd themselves with the Publick Treasure) spew up their unrighteous Gain, than to defalk from the fair Purchasers. I will go further, and affirm, That the Example of our Neighbours is rather an Argument for a contrary Proceeding: And it will be more for the Interest and Glory of Great Britain, after so many Millions spent, to be the only Nation of Europe that never broke their Faith; a Proceeding that some time or other may be of infinite Use to the Nation.

[Page 32]

I beg Pardon for spending so much Time in proving a self-evident Proposition, viz. That refusing to pay a just Debt, will sink the Credit of any Person, Body-Corporate or Politick, and that such a one can never, for the future, borrow Mony upon such easy Terms as before: So that the single Question, as to the Point of Expediency of this Method, towards obtaining the End propos'd (the Payment of Publick Debts) is this: Whither the Government, by a strict observance of all ParliamentaryContracts, had not better take the Advantage of the Certainty of Lowering of Interest, and consequently of borrowing Mony still upon easier and easier Terms, for redeeming the Funds that are redeemable, and contracting with the Proprietors of Funds of those that are not, than to pay off their Creditors by a forc'd Reduction, with the Prospect of never being trusted for the future? A Politick much like that of the old Woman [Page 33] in the Fable, who ripp'd up the Belly of her Hen that lay'd a golden Egg every Day, in order to find the Mine.

I come now to what I at first call'd, The JOB, which I take to be the Key to the whole Project, of which it is possible the Publisher may be ignorant.

Here I desire the Reader to mark the knavish Way of Stating the last Article: The late Queen's Debts compose, with the Arrears of the Army, two Millions; when, perhaps, there are not Fifty thousand Pounds on the first Score, and not near that Sum beyond what Her Majesty has left Effects to pay: But under this Head are huddled up all old Claims, I suppose, the Hundred and thirty thousand Pounds due to the Dutch Regiments, which their Agent never accounted for; a blasted JOB of many Years standing; and God know how many other Things besides, which are now Stock-jobbing about Town, and are rose from Nothing to 10 per Cent. Now let any Man judge, when such a Sum of desperate Debts, (that to the Army excepted,) are brought up, perhaps for 5 per Cent. what Sums may be got? I will be bold to say, here is a Temptation too strong for the Vertue even of some former Houses of Commons, or perhaps any less Honest than the Present. To make this Project more [Page 35] palatable, and the Solicitors more numerous, all concern'd in these Debentures are engag'd in Interest to promote it, and the Annuitants are fall'n upon because they are single Persons, and no Corporation, which is no small Artifice. ^*

Accordingly, mark how the Author lessens the Publick Debts, for Payment of 39,602,043l. 03s. 07d. he immediately raises 42,000,000l. and besides the 42 Millions, a Sum of 62,000l. a Year, which will raise a Million and a half more. A plentiful Field

This is plainly the Mystery of the whole Proposal; for I will always lay Gold to Silver, That where there is a Project of Twenty Millions of Publick Profit, and only Twenty Thousand of Private Gain, that the Twenty Thousand, and not the Twenty Millions, the Private and not the Publick Gain, gave Rise to the Proposal.

[Page 36]

The Author's Proposal is no more Roguish, than the Methods by which he would bring it about.

In order to make the Annuitants submit to this Redemption, they are threaten'd threatenn'd (sic) with a Law of Restitution, p. 134, 135; with being Taxed, p. 181; with a Mob, p. 189; and lastly, such Principles advanc'd, as will prove the Necessity of a Lex Agraria ; yea, an equal Division of Property throughout the whole Kingdom; so hard it is to set Bounds to Injustice.

Lastly, This short Payment, and forc'd Redemption, is to be made with Exchequer-Bills, the Value of which is falsly calculated, from the Premium upon the present Exchequer-Bills; which can be exchang'd, every Moment, for ready Money; when on the contrary, such a new load of Bills must be at a considerable Discount, in proportion to their Increase; especially, when not circulated by the Bank.

[Page 37]

Upon the whole, the state of the Case as it stands in the Proposal is,

Whether a Parliament will break their Faith, in order to defaulk two per Cent. from the Annuitants, to give four per Cent. to those who have no Demand upon them at all?

Whether they will pay a Debt twice over?

Whether they will raise the private Credit of the Crown, upon the Ruin of the Credit of the Nation?

Whether it is not more just to pay the private Debts of the late King William, and Queen Anne, [Page 38] out of their Exorbitant Grants, than out of the Estates of the Annuitants?

FINIS. [...]

THE EQUITY OF PARLIAMENTS, &c.

I Acknowledge my self a Person so retir'd, that the late Pamphlet, Intitled, The Crisis, though it treats on the important Subject of Property, might have escaped my Perusal, if it had not come to my Hand by the Penny-Post; perhaps, from some conscientious Senator, to check, and reprove me for having early discoursed, and concerned my self on this Subject of the Annuities, and for having promoted the Proposal of the South-Sea Company; I had heard such a Pamphlet was publish'd by the Governour of the Company of Comedians, therefore (as I had also at that time no lei [Page 4] sure) I slighted the Pamphlet, and laid it aside, expecting no extraordinary Performance on a Subject of this Nature from a Person so employ'd; but by Chance observing soon after the well-known Name of the Author, I immediately read the Treatise.

This second Crisis, in the beginning of it, falls something foul on the ingenious Mr. A. H. because of the Estimate that Gentleman publish'd of the National Debt, and the Remarks which were subjoin'd to some Calculations made in April 1717. This ingenious Gentleman assiduously attends the Service of his Country in Parliament; and at this time, especially, when the publick Debts and Accounts lie on the Table, may probably not be at leisure to publish any Thing further on this Subject, though his Words are quoted relating to the Funds; and his Thoughts and Reasoning thereon, openly Arraigned by our Author.

I shall however touch but lightly whatever respects the Calculation, and Arguments, grounded on the Topick of Profit and Loss; but shall keep to the more exalted Subject of Sir R's Treatise; a Subject sufficiently copious (viz.) The Law of Equity! A Law that demands out highest Regard, and strictest Conformity! A Law Sacred, Eternal, and Immutable!

To undertake what relates to the accompting Part, is indeed needless, after having been so well perform'd in the said celebrated [Page 5] Schemes, and Remarks; which have also been Revised, and in some Things amended by the accurate and elaborate Pen of Mr. Crookshanks; but these Schemes relate only to the Exchequer and Parliamentary Funds.

Sir R would instruct us in the more universal Dealings between Merchants, whether of the same, or different Nations, and likewise between sovereign Powers, and their own Subjects, or the Subjects of other Princes. If I should presume to meddle in these Things, Mr. H who is rightfully in Possession of this Part of the Subject in Question, may esteem me a Trespasser, and thus I should hazard being attacked by both these Champions; each skilful at his Pen! Each a Veteran of such Abilities, that I am very sensible they can do what they please with a Feather; a dangerous Weapon in some Hands! They Combat also both of them under the Buckler, the broad Shield of their Right of Session in the Senate House. I am a naked Man, a weak Opponent; a Shadow when compar'd with the Nestorian Race of the Iron-sides, now an Equestrian House; therefore with due Submission, though without Fear or Despondency, I enter the Lists, relying on that supream Power to which Sir R has Appealed; EQUITY is my Guard, and if that cannot defend me, I am sure to be foil'd, and am already disarm'd.

Sir R begins with a long Paragraph, which he mentions to be taken out of Mr. [Page 6] Hutchinson's Remarks; and wherein it is said, ‘"That if the Annuitants were to account in Chancery as Mortgagees at 6. per Cent. Interest, after the common Method of making up such Accounts, a large Sum will be due from the Lender to the Borrower even to the amount of 30. per Cent. at that time above Principal and Interest, instead of receiving any Thing further from the Publick.’ But the Equity of doing this doth not appear to me to be either recommended or asserted by the Author of the Remarks; neither is the Re-purchasing of these Funds any otherwise mentioned, ‘"than as a Matter which had been first opened on the Occasion of a Scheme for Redemption of the Publick Funds, which was made Publick before Mr. H publish'd his Schemes.’ In this long Paragraph it is also mentioned, ‘"That there had been an Attempt the then last Session for obtaining an Act which should have reduced the National Interest to 4. per Cent. ’ And in this Paragraph Mr. H says further, ‘"That if the Parliament should not be of Opinion to Re-purchase these Annuities, then there would be no need to mention them in any future State of the Publick Debts; but the Nation, in that case, must rest contented until the Expiration of the long Term of Years for which these Annuities (now called the long Annuities) were granted.’ A melancholly Prospect for a Nation groaning under the Pressure of these Debts! [Page 7] But the Facts are fairly stated; and the Remarker only further mentions as his Thought, ‘"That if Interest is reduced to 4. per Cent. by Act of Parliament before these Annuities are Re-purchased, or an Agreement made by the Publick for Re-Purchasing them; in such Case, the Value of the Annuities will be increased the further Sum of Three Millions and an Half more than they then were, and that the same would be worth about Seven Millions and an Half more than the Money originally advanced; which would raise the value of these Funds to the Sum of Twenty Millions and an Half ’. This must be what the Guardian of our Property in his Crisis terms Mr. H his Opinion; and thereupon he affirms, ‘"That if the Majority of the Honourable House should be of the same Opinion, and act accordingly, we may bid Farewel to the Wealth, and Honour of Great Britain ’.

To this, I answer, that if a few Weeks more should demonstrate, that contrary to our Author's Expectation, the Parliament are of Opinion with Mr. H, and also are convinced, that this Matter can be effectually Remedied without Breach of Publick Faith, or Iniquity in the Legislature (as certainly it may) in such Case, I say, I shall be inclinable to mistrust, that Sir R has not well Reasoned, nor rightly Computed either with relation to these Schemes, or the Majority of Votes; and if thro' the forward Zeal, and [Page 8] now generous Proposal of the South-Sea Company, we should be so happy as to obtain by the Aid of Parliamentary Equity, the Redemption of the Nation from this, and other heavy Burthens of Publick Debt, such a Conjuncture might justly be stiled the Crisis of Property (the Prospect whereof to our Comfort, appears not very remote) from such Proceedings, I shall conclude quite contrary to our Author, and from this ÆRA shall date a prodigious Encrease of our Trade, our Wealth, and our Strength; and in consequence it must follow, that Great Britain will appear in Credit, in Honour and Renown beyond all past Ages. And this Aggregate Fund of the South-Sea, will at length prove in earnest the Spunge of the State; it will suck up, and wipe out, and pay off, all the rest of our old Scores!

But to proceed, Sir R in his 7th Page is surpriz'd that Mr. H does seem to suppose, that the Borrower is Master of the Lender; and yet they who have been accustomed to lend Monies, or have observed the Course of Business in Chancery, must have perceived, that the Borrower frequently sets the Lender at Defiance, and will neither repay, nor perform Convenants until compell'd by the slow Methods of Equity; but in the Case before us, the difficulty probably will lie on the contrary side: The Lender, so much extoll'd for the good Friend of the Government, is in danger of [Page 9] appearing the wayward Party; what will Sir R be able to say on his behalf, if this forward and adventurous Subject for the Good of the State (as he calls him) shall be found so resty, and obstinate, as neither to lead nor drive, and when left to his free Will and Pleasure to take his Choice, whether he will promote the publick Good, and his own Interest, by accepting a Sum of Money for his Annuity, which shall bring him in a better Income; or an exchance of his Annuity for another sort of Annuity, which shall bring him in Yearly a larger Sum, and be also readily Saleable for a greater Sum than his Annuity at the highest would have sold for; yet shall this applauded, good, and generous Subject refuse to do either; but being perswaded that he is in the Right, and encourag'd in it, shall sullenly Hug his Property, though to the Prejudice both of himself and the Publick!

Our Author is a Man of a quick, penetrating, and active Thought, therefore I shall avoid to swell this Discourse to a length, which is needless, and which my Affairs do not permit, but only to add some Hints which seem not to occur to Sir R, and leave him to reflect thereon at his Leisure.

But with his Permission, I shall first for a while address my Discourse directly to the Annuitants, and tell you, Gentlemen, that they who would have Equity, must do Equitably; I am not delivering a Subpœna to bring your [Page 10] Cause into Chancery; but as I presume you are convinced, that the Determinations of that Court are Equitable, I would try your Pretensions on this Touch-stone of good Conscience, that you your selves, if you can be impartial, may perceive the too near Resemblance.

I shall say nothing of the Bristol Bargain, because in that Practice, the Principal was receiv'd in Parcels, together with Interest: But you, Gentlemen, after all the exorbitant Gain of some of you hitherto by the 9. per Cent. and 14. per Cent &c. are intended and desired to receive Back your Principal, not only intire, but with as vast encrease thereof, as those who speak for you pretend now to insist on, (if they are steady to any Thing, and do not rise more and more in their Demands as Concessions are made;) therefore, I say, your Bargain is yet worse, (that is,) more Extortionous, much more destructive to the Publick, the Borrower, than the Bristol Bargain, or than what the French call Le fond perdu , which Method was once attempted here, but our English Parliament did declare their dislike by rejecting that Offer.

I own you are not to be dealt with as Mortgagees, yet your Case differs not so much in Point of Conscience from some of theirs, as your Advocate would represent; for he that Lends on a Mortgage, runs the Hazard of the Title, and of Incumbrances, &c. as much or more than you; and since you are Lenders, [Page 11] consider a little, I pray you, the Proceedings of the Court of Chancery, and what Relief is given against Contracts and Convenants that relate to Interest on Mortgages, and to Redemption.

A Person lends Money at 5. per Cent. when six was not against Law, and might easily be had; the Borrower had also a Flaw in his Title, (but I shall wave that Matter.) The Borrower agrees to pay Interest Halfyearly, and Covenants, that if no part of the Interest of two Half-years together should be paid at the end of the Year, or within one Month after at the furthest, that then, and from thenceforth, such Year's Interest (whereof no part had been paid) should be deemed Principal, and from thenceforth should carry Interest: The Interest amounted to 400l. Half-yearly, yet no part of the Interest was paid within the first 13. Months; a second 13. Months incurr'd, yet not one Penny paid of the Interest: The Lender being now dissatisfy'd, apply'd to Equity; a third Year incurr'd, during the Proceedings, and when the seventh Half-year was past, and not one Penny of the Interest paid, this Matter receiv'd a Determination, viz. that the Lender should be repaid his Principal, with three Years and a Half's Interest at 5. per Cent. without any Addition thereto.

Should I suppose my self in this Case to have been the Lender, yet I would not complain; if I should use Invectives, the [Page 12] Great Man who gave this Determination, is, I believe, as well able to justify his Opinion now, as he was then to support his Authority.

One other Case you may permit me to tell you; the Borrower had contracted to pay 5. per Cent. Interest, but covenanted, that if at any time two Half-year's Interest together should be behind, and no part thereof paid within one Month after the end of the Year, that then, and in such Case, the Borrower would allow and pay after the Rate of 6. per Cent Interest for such Year, (6. per Cent. being then legal Interest.) One Year and a Half passed, and no Interest was paid, nor could the Borrower be prevailed with to repay the principal Money with barely 5. per Cent. Interest; hereupon Equity was apply'd to, but after much Time and Money spent on this Matter, the Lender was allowed no more than barely his Principal with 5. per Cent. though his Matter was complicated with a Circumstance, which some eminent Practicers did agree, render'd it a hard Judgement. The Lender, in this last Case, was only an Assignee; the first Lender had the same Covenant for 6. per Cent. and the Interest in his time being ran far behind when the Mortgage was assigned, (which was done with the consent, and at the earnest Request of the Borrower,) this first Lender was actually paid after the Rate of 6. per Cent. (according to the Contract and Covenants) for two Years, which [Page 13] were then behind, and due to him; yet (after a further two Years and an Half's forbearance, and much longer before this Matter receiv'd a Determination) the Assignee was allowed only 5. per Cent. Interest; had this happen'd to me, it would certainly have inclined me to have placed for the future my little Cash entirely in the Funds; but it hath been my Fate to know also, that bad Titles are to be met with by Mortgagees; for these Reasons I gladly accept the same Interest on the Funds, as before on a Mortgage, and now I have Quiet, and can fully depend on receiving the Interest duly; however, your Advocate will have it, that YOU Annuitants have extraordinary Merits, and are not in the Condition of other Subjects; I shall therefore, without Exaggerating, tell you what I know of this Matter.

It was once my good Luck to get Admittance at the Exchequer by Proxy, to subscribe for an Annuity, upon which Subscription, in little more than a Fortnight, I gained, at least, 800l. above Principal and Interest by the Sale thereof at the Price then Current, and which Price was daily advancing; this was done during the Winter; there was no Battle fought, nor any Treaty of Peace on Foot; and yet your Advocate doth assert such Gain to be Meritorious; but as most of you at this time may be only Assignees of the first Annuitants, and know little of the true Circumstances of these Transactions; I beseech you [Page 14] not to be too far misled by the insinuating and plausible Arguments, and the florid Discourses of your Advocate, but permit me, without offence, to represent your Case in a truer Light.

The Views, and bewitching Prospect of excessive Gain, were such, when some Annuities were subscrib'd for, that they well deserve to be remembred on this Occasion; sometimes Books were laid open, wherein the Subscriptions were immediately fill'd up, before sufficient Authority was given for laying open such Books; and when the Parliament, and the Exchequer had given the Authority and necessary Directions for doing it, (if the ill Consequences of these Subscriptions did not avert one's Mind from making sport with the Matter,) I should be apt to say, Spectatum admissi risum teneatis ? How many Wealthy Citizens with their Agents? How many decrepid Usurers were crowding by break of Day to get in formost on the first Opening? How many sat up all Night with their Bills and Notes in hand, or Luggage of Bags, brib'd the Door-keeper for Admission? And by this Means, some of these brave Warriors of the forlorn Hope, had opportunity of doing themselves the Honour within this Field of Battle, to lie all Night upon their Arms! These, and such like, as I have heard, were the true Circumstances attending some of these Subscriptions; and as for those [Page 15] whom your Advocate calls good Citizens and Patriots; they and their Agents (a few excepted) cannot justly be supposed to have acted thus only out of their abundant Affection for the Good and Safety of the State; it may, I think, with much more Justice be suspected, that many of them deserved rather the Name of Parricides, seeking to gorge themselves with the Entrails of their Country, at that time requiring their more compassionate Assistance; the Oppression and Artifice at such times as these cruelly practised, might justly before now have deserved a Redress from Publick Equity, if the Publick were inclinable to exercise the Summum jus , which your Advocate pretends to fear. How excusable this would be in the present Parliament, if there were any Necessity for it, and they were disposed to act thus, will plainer appear, if you permit me the Liberty to assert, that sometimes there was in Fact somewhat of Extortion, and want of Equity in many of those who lent their Money, and wrested these Annuities from the hands of those who would have managed better for the Publick, if they had been at Liberty to have acted for the best; but too many among the Law-makers, and others then in Power, imposed these Bargains on the Publick, and were upon the Matter too near a-kin, being many of them both the Lender and the Borrower; that my Assertion herein, may not be represented to [Page 16] be groundless or partial, it is necessary to proceed a little farther in stating what I know relating to this Matter, to the Honour of a Worthy and indefatigable Servant of the State, in Matters of this Nature; I stept sometimes out of the Court of Chancery to discourse with this Gentleman, proud of the Liberty he gave me in being admitted to do so; after I had twice urged him with Arguments against granting Annuities, he seem'd to be displeased, as if I reproach'd him and others who influenced these Things as Persons managing ill for the Publick; whether Mr Lds can recollect this Discourse, I know not, but I very well remember, that at length it was answer'd me with some Resentment; ‘"I don't want for Arguments to convince me that these Annuities are not the best Method of Raising the Supply; but what can we do? They will not be quiet without them!"’ And by the Tendency of this Discourse, I conceiv'd, (as I do not doubt but that it was true in Fact) too many of the Parliament, the Officers of the Exchequer, and the great Corporations in London, were the chief Subscribers to these Annuities; and in short, either I mistook him, or this Gentleman's Words did imply, that, at this time, it was chiefly the Members of Parliament themselves that were bent upon Raising the Money this way.

But let us come yet closer in this Matter; for though I have not any Annuity in Possession, I must own, Gentlemen, nos inter nos , [Page 17] that I have some Reversions; and do think that this were better to be discoursed among our selves, than to be thus exposed and publish'd Abroad.

The Members of this present Parliament will not easily be perswaded, that when your long Annuities were subscribed for, and purchased at very low Rates, the Government really was at that time in such imminent Danger as is pretented; or that there was any sudden Hazard, and probable Loss foreseen: In Times of Danger, the Thoughts of Men are apt to be most quick and cautious; and who that had realy seen such Dangers at Hand, would have made this Choice; (the Purchasers might then have had almost what they would;) and certainly upon imminent Danger, or visible Hazard, an exorbitant Interest for a short Term had been much better and safer; and it will scarcely be believed, that where a Man can see that the Title is dangerous, he would, notwithstanding, make Choice of a Lease for so long a Term as Ninety-nine Years, and guard himself also against the Right of Redemption.

If you, Gentlemen, are true Friends of the Government, and Lovers of your Country, you have now an opportunity of shewing it, and of serving your selves also, by assisting chearfully to set open the Gates of Redemption.

The South-Sea Company's Proposal has raised your Annuities three or four Years pur [Page 18] chase; if you like not to deal with them, it is probable, however, that so many Others will be desirous, as shall serve during this Transaction, to keep up the Price of your Annuities; if you as a scatter'd Body do suspect hard Usage from a powerful Corporation, your Access to the House of Commons is as easy as theirs; but if you endeavour to urge Things too far, I wish you to look back to the Case I have cited, where the Borrower himself allowed to the first Mortgagee, what the Court of Equity denied to his Assignee; yet I mistrust not the Favour of a British Parliament towards you, while you seek not to oppose that great and good Work which they have encourag'd.

In setting a value on your Annuities, you'll consider that your 10l. per Annum will be in your own Hands a fixed Sum, and dead Weight on the Government; but if subscribed into the South-Sea, or purchased by them, it will after Midsummer 1727, begin to move off briskly, and will then be to them, and to the Government but 8l. per Annum ; you'll consider also, that the Stock of the said Company, may, and doth advance much faster, and higher in the Price, than your Annuities; and that their Dividend may be also greatly enlarged; but Yours as an Annuity with you will remain the same; these Things should chiefly incline you to set a higher or lower Value on the one, and the other, according as your own Reason, or better Ad [Page 19] vice shall direct you; but for you to apply to Parliament to fix a Price, (as some have discoursed, you do intend to do,) that you may be certain of Admission into the SouthSea Stock at that Price, this will be difficult to adjust, because of the greater Variation in the Price of their Stock; and if this were now fixed, the South-Sea Corporation would not be willing to be long tied down to such fixed Prices; nor can it be expected of them, while you remain still at Liberty to sell, or not, and to subscribe into them, or not, at your Pleasure! But this is not my Business; you among your selves will find out the Ways and Means for setling all Things to mutual Satisfaction; but what is part of my Business while I am Writing this, is to disswade from such Thoughts and Attempts as may prove the Ruin of many of your selves, and Families; I would apply this, not only to the Annuitants, but to all such other Persons as may be inclined, or drawn in to endeavour to run down the Price of South-Sea Stock; or under a Notion of setting a certain Price, or Value on this Stock, such a Price as is not in the least probable, (according to common Methods, and the Course of other Things,) it should exceed; and depending on such like Notions, are eager to sell this Stock at time for higher Prices, esteeming the Gain this way, as good as certain; or by taking large Premiums, or earnest Money, to deliver this Stock at three Months, [Page 20] six Months, or twelve Months after, at a fixed high Price; as suppose it be 150, 200, 250, &c. per Cent. Some also venture to sell this Stock when they have none; or do sell ten Times more than they have, or are able to make good upon a sudden Rise; such Notions and Practices, I say, may be the Ruin of many Families, and it is chiefly to caution against, and to use my endeavour to prevent this approaching and spreading Evil that I have taken Pen in Hand, and resolved to publish these Sheets, great Mischief hath often befallen those who have used these Ways in other Stocks, but certainly it will be found more dangerous and fatal in this Stock of the South-Sea Company. The shallow Waters are more proper for the Fry, and smaller sized Fish; Men of great Estates may bear with Losses this way, as well as by other ways of Gaming; but for a light Purse there is not any Game more Fatal.

The Enlarging the South-Sea Capital, and the Consequences thereof, as to the Ministry and the State, is a Production worthy of the Genius of Great Britain; but as to Men of mean Estate, it is, Monstrum horrendum, informe ingens . You Gentlemen may have heard of Scylla, and Charibdis; of Ætna, and Vesuvius; but here depend on't there are Mountains, and Rocks more stupendious; and by far more tremendous Gulphs! Beware then! Launch not out in Fly-boats beyond your Knowledge into this vast Abyss of Southern [Page 21] Seas: I fear not a Chaos of Confusion, or a second DELUGE, but do fully expect that the next Age in speaking of this, will use the words of Ovid ‘Omnia PONTUS erat!’

But I am to ask Pardon of Sir R, and expect it from his 10th Page, where he promises to have Patience; and to deserve this at his Hands, I shall proceed to give him those Hints I promised, viz. That in many Cases, Equity is exerted, where Persons out of Wilfulness do prevent their own Benefit, as well as the Publick Good.

There are Men that will not suffer their boggy Land to be drained; others, such Lovers of Liberty and the Commonwealth, that they will not suffer Wasts, Heaths, or commonable Grounds to be inclosed, though they might thereby become Owners of a Proportion in severalty; but in such Cases Equity Over-rules; in time of Danger by Fire, Houses are pull'd down, or blown up, for the Publick Good, though against the Will of the Owners; also to preserve the Town, the Suburbs are frequently burnt or demolish'd; even the Town is destroy'd to preserve the Citadel. A Person in Danger of immerging through the Weight, or Force of another, may even destroy the other to preserve himself; and a Thousand such like Instances might be given.

As to our Author's 14th Page towards the latter part, and in the beginning of the 21st Page, I am willing to suppose some Error of [Page 22] the Press; especially where it is said, that the Borrower ought not to intermeddle with what is Lent, but by the Command or Application of the Lender; this, I suppose, should have been the Security for what is Lent, which the Borrower is not to meddle with; (because this moves from the Borrower, and passeth to the Lender) for if it were meerly the Thing lent, (as suppose it to be Money lent, which the Borrower is not to intermeddle with,) in such Case, if our Author will be so Equitable towards me, as to permit me for a while to intermeddle with, and borrow some of his Expressions, and to use, and apply them only for the present, as I think proper, in such Case, I would say, that this seems something like what he calls a Chimera, or Crudity; for at this Rate, his Lender would really be an Oppressor, and his Borrower a Bubble; and thus these Terms might be Synonimous, if not convertible; and our Author would have proved what he is not willing to own, (viz.) that his Lender not only had, but still hath too much Command over the Borrower.

After the like manner, his Treatise may Endeavours to prove, that the Nation, the Parliament, and in Consequence their Assignee the South-Sea Company (if they prevail) will become Bankrupt by paying their Debts at 20s. in the Pound; if so, the higher their Composition shall be, the greater (our Author may say) is the Bankruptcy, and thus, indeed, our Case [Page 23] will be very desperate; for 'tis more than probable, that such of the long Annuities as shall come-in timely, may receive by the South-Sea Stock from 200. to 300. per Cent. for what they Originaly paid; but while nothing worse than this is intended towards them, if there should be sufficient Occasion given, summo Jure agere , and that a little of the duritia Juris should be necessary, (something of wholesome Severity, to help to bring in, and to open the Eyes of such who shall blindly mistake their own Interest, and wilfully oppose the Publick Good,) what loud Complaints will Sir R make?

As the Annuitants Annuities are Tax-free, and the Proprietors have already been told, that they are exempt from any NEW Direction, they may also be told, that they are Optimo Jure Prædia , a new sort of Freehold; and thus those especially who have Annuities for Life, or Lives, may be animated, and induced to think themselves sufficiently Entitled to a Right of Voting at Elections for Members of Parliament, and if they would be thus hardy, who should be their Representative?

But I must neither advance too far into Sir R's Province, nor quite forget our Author, it is he that will dictate in the Senate; if he does this after the manner he has promis'd us in his 28th Page, were it not better that he would forbear it? I shall not presume to propose any Thing to that August Assembly, and if I take the Liberty of incert [Page 24] ing here my Thoughts; it will be very obliging if they escape the Descants as well as the Railery of Sir R, who, perhaps, for the present, is too much exasperated; but I must expect the Cavils and various Reflections of the many- minded Multitude, the incertum Vulgus , of whom there is scarce any Thing certain, but this, Quod scindet in contraria ; I use Latin, that they may not know what I mean, for they censure, and condemn what comes within their Knowledge, but are apt to admire what they do not understand; however, I shall freely expose my self to their Mercy, in Hopes that from my Thought improv'd, somewhat may arise which may tend to the Advantage and Service of the Publick.

We have not, God be thanked, at this time, any urgent Motives that should prevail with us to buy Foreign Gold too dear; and to let other Nations into that great Gain they propose to make by the Rise of the South-Sea Stock, upon the Enlargement of their Capital; for which they are watching, and as it is said, are already preparing to catch the Opportunity so soon as a Bill in Parliament shall be ready to pass; or, perhaps, only brought into the House for this purpose; if, therefore, at once, and as it were in an Instant, (before it can be known Abroad, and Commissions sent hither,) the Stock of the prevailing Company should be advanced to near that Price which it ought to have, and may reasonably bear, the Annuitants hereby would [Page 25] be silenc'd, or Petition for Admittance; much of the Chicane, and Juggle of our Quincampois will be avoided, and the Publick, may obstruct, and very much prevent that Gain, which other Kingdoms, and States propose to make (to our Loss) on this Occasion; the French Nation are now too late strugling with many Difficulties for want of timely Management, with regard hereunto; yet this, it is likely, has not arisen so much from any Over-sight, or Defect in the Schemes of that enterprizing Genius, who hath the chief Direction, or of others with whom he must Concert; but thro' an over-ruling Self-Interest, on account of the vast Gain to be privately made by the many Turns and Vibrations his Projects would admit of; which it should not be supposed that he did not foresee, or failed to concert his Measures accordingly; a Profit, and Gain capable of being so Immense, that, whatever the French Nation in general may suffer thereby, if the private Gain hath really been such, and so great as it may reasonably be imagined, the Effects thereof may too soon be such, as may prevent it's remaining long a Secret to the rest of Europe; but my Pen hath already let fall too much Ink on this Subject; and, I fear, that what I have here only touched, may rather be taken for a Blot, than accepted as it is intended by me.

This, however, may be repeated, that it would be greatly to our Advantage, by some [Page 26] timely, and proper Means to prevent other Countries from sharing too much, and carrying away the Profit of that Advance of our Publick Securities, which seems to be at Hand; and the due Precaution herein, is more absolutely necessary, because our happy Constitution does not admit a Reliance on such Artifices, and After-Games, as in France are easy to be concerted, and may as suddenly be put in Practice.

In stating, and arguing the Case of the Annuitants, there appears so little Occasion for introducing the Silesia Loan, and so much less for mentioning the Equivalent allowed to Scotland, and also the English Grants; that some take Umbrage, and fancy there was not any good Reason for picking out these Instances.

But if the Question is to turn upon the Equity, and Power of Parliaments, it will be answer'd by only stating the Question rightly; the Nation by a long and expensive War, is highly incumbred, and grievously Oppressed with many heavy Debts; the greatest, the most encreasing, the longest continuing, and the most obnoxious Debt is the Annuities; in short, the way thro' these Annuities is the only Right, and ready Road thro' which the Government must pass to ease the Nation of the Burthen of all the rest of these Debts; Now, whether you will have the Government to Travel by Land, or by Water, it will be the same; if the Highway is [Page 27] such as is dangerous to Travellers, and cannot otherwise be amended, there must be an Act of Parliament; and (giving Satisfaction to the Owners,) whatever is needful in such Cases must be done; Gates, Bars, Hedges, and all Obstructions may be removed; and new Gates, new Bars, and Turnpikes erected; and none may pass to buy, or sell, for the future, but by this new Road, and according to new Directions; also Penalties, Levies, and Tolls may be appointed for maintaining this new Highway; and, in like manner, for the Publick Benefit, Rivers are made Navigable; any Man's Lands are cut through, though against the Will of the Owner; and Goats, Sluices, Hatches, and Flood-Gates are erected; and must be maintained by the Owners of such Lands.

But let us suppose that many should take Offence, and in Opposition to these necessary, profitable, and publick Works, would act as Rioters, or Lunaticks; and that such a Number of Persons should act thus, that no other Power but Parliament would undertake to meddle with them; would their Number, or the fear of their Resentment, awe the Senate, and prevent them from being used like other Lunaticks, who would mischief either themselves, or others? But, here, as to the Annuitants, it is said, the Senate hath promis'd not to interpose, or use their Authority; and hath Enacted, that the Annuitants shall not be in the same Condition as other Subjects, [Page 28] but during Ninety-nine Years shall be exempt from any new Direction; in this Case, if there were any Court of Equity above the Power of Parliament, there would naturally lie an Appeal to such higher Power; but there being none such, is the reason why the Parliament wherein this was Enacted, is liable to be controul'd, and over-ruled by the Power of a future Parliament; for in the Nature, and Constitution of the British Legislature, there is a tacit and indefezible Equity reserved, by Virtue whereof (as the Occasion of private, or publick Good shall require it) Acts of Parliament are, and will be explained, or amended; continued, or suffered to expire; repealed, revived, revoked, or annulled: As I may appeal from the Judgment of Sir R the last Month, to the Judgment of Sir R better adviced this Month!

But in his 12th and 13th Pages, our Author mentions the Insurance of Ships as a parallel Case to this of the Annuitants; and defies any Man breathing to shew a juster Comparison; hereon he throws down his Gauntlet; and who shall dare to take it up? Sir R is not a Man of Straw; No! no! His Legs, his Arms, and his Sides are of Iron; his Countenance is terrible in Battle; though he can demolish a stong Fortress with a Goose Quill, yet the Staff of his Spear is like a Weaver's Beam; the Head thereof is of polish'd Steel, well pointed, and the Weight six Hundred Shekels.

[Page 29]

In this Matter I shall only have Recourse to A. B. C. and least this Goliah of the Philistines should be offended, and think this to be only flinging of Stones at him, I refer it to the Gentlemen of the Inner-Temple, whether these are not lawful Weapons in putting of Cases; others have much more Art in the Use of them; but I went for some Years to School in their Society, and very often to the Grande Sale d'Armes in the Parish of St Margaret's, near the Collegiate-Church of St. Peter's of Westminster, where I learned from those expert Masters, the Lord S, Sir N W, the Lord C, the Lord H, and Earl C, all right well skilled in the High and Honourable Science.

To state this Case of Insurance plainly, we must suppose, that Sir R's Ship or Vessel was a very large first Rate; A HUGE one indeed! Almost as big as any Island in Europe; not quite so big as Great Britain, but about the size of the Kingdom of England. A. is the Master, or Captain of this Ship, B. represents the Lieutenant, the Chaplain, the Purser, the Cockson, the Master-Gunner, the Boatswain, the Cock, the Mates, and all the Midshipmen; C. represents the common Sailors, the Swabbers, the rest of the Ship's Crew, and all the Passengers; a prodigious Number! This huge Ship has not only all these Men on Board her, but also has a Cargo equal to the Goods and Effects of all [Page 30] the People of England. A. was himself on Board, and had large Effects of his own. B. was on Board with all his Effects, and the like of C; We are also to note, that C. represents almost all those who were themselves to be insured. Now, is it reasonable to suppose, that B. and C. would agree to give a very high Premium for Insuring this Vessel to any who had themselves a large share in the Cargo, and were themselves on Board, and to go the same Voyage, unless there was something Extraordinary in the Matter? Which some, I say, did think, was this, that B. and C. who were to fix and settle the Rate of the Insurance, were sometimes willing the same should be very much to the Advantage of the Insurers; and having themselves the Liberty of writing first, they at those times subscribed very liberally, and afterwards parcelled out to the generality, on worser Terms, the greatest Part of their Subscriptions; more Words need not be bestowed on this Matter; 'tis plain enough how unlike it is to the common Case of Insurance.

I confess, that as to Publick Credit and Parliamentary Faith relating to Property, (if it were really in Question,) it would be very dangerous to make any Alteration without Consent of Parties; but is not Consent implied in whatever is Enacted? And if the Terms were to be abated, or any way altered, [Page 31] must not this be done by the Wisdom of the Nation on a Rehearing upon the Equity reserved? And shall it be gain-sayed, that it is for the Publick Good, or that it hath the Consent of Parties? I shall always acknowledge That to be Lawful and Right, which Parliament shall do; for, I well hope, that they never will do any Thing but because it is Lawful and Right! But Sir R, who hath a Right to Debate this within Doors, hath more Jealousies than others, and in six Pages more hath lost his Temper, and forgets that the Question will turn upon this, whether what is now doing, is Evil, or Not. If the Parliament should do it, it is an Estoppel to me to say that it is Evil; I submit my Notions to what is done by the Legislature, and believe it will be for the Publick Good, and do assert Salus Populi suprema Lex ! But Appealing from the Senate to the People, is pre-judging the Cause, and censuring the Proceedings; why then hath Sir R Recourse from the Wisdom of the Senate, to the Passions and Ignorance of the People, unless he could support by just and unanswerable Arguments, that, Vox Populi est Vox Dei . If the Matter should require a Decision in the Senate, (which there appears not yet any sufficient Occasion for;) why must we admit, that the Annuitants either were, or will be Overpower'd? If there were much Danger when they Lent, the less Power the then Parliament had over them, for in Times of Pub [Page 32] lick Danger, the Power is in the Purse; the Soldier owns this Power when he tells us, Point d' argent, point de suise ; and if that High, and Sacred Order might be mentioned, who exert their Power beyond the reach of the Sword, or the Bounds of this World, I would use only this English Adage, No Penny, no Paternoster; but certainly in this nice Affair, there is nothing of Force, or Power intended to be used, or any Terms to be imposed; but the Honourable House may find Ways and Means to preserve Property, that are not to be found in Tully, Pliny, Livy, or Plutarch, or in any of Sir R's School-Fellows; though I have lately been assured, that in the Matter of Accounts (especially such as should be rendered to the People,) there is not now remaining in any Kingdom in Europe, any Method to compare with what was in use among the Romans while they preserv'd their Liberty; and refer Sir R to Mr. T W, F. R. S. for further Satisfaction in this Matter, who hath promis'd to oblige the World with a Treatise on this Subject, and from his Collections out of old Roman Authors, to teach us a better Method of Accounting.

I should have as little Temper as any Man, if it did appear, that any Wrong would be done to the Annuitants! I will even admit, that Annuities are necessary, and the only Estate proper for some Persons; but such Persons may sell to the South-Sea Company at a high Price, and [Page 33] buy again much cheaper of the York Building's Company; and with them, the Annuities will be secured on the Lands they have, and shall Purchase. I grant also, that some few of the long Annuities were subscribed at times of Danger, and that such of these as remain still in the Hand of the Subscribers, or have never been Sold, do deserve a particular Regard: But still, I say, that our Author's Arguments, when strip'd of pompous Words, are bare Assertions, and are mostly so ill-grounded, as can neither convince me, nor any other, (who in earnest does with the National Debt fairly, and soon discharg'd,) that the Annuitants in general do merit his Encomiums, though he pleads for them with the Firmness of Mutius; if they were really such Lovers of, and Champions for their Country, where among them are the Decii? Who is now the Curtius? If it be true, that our consummate General hath left them; I mean, the British Hero always Victorious; but Sir R meets with such noble Examples in Roman History, that by his 28th Page it is plain, that 'tis a very hard Matter for any Man, while in the Ministry, to please him. When I once complained as he does, I was told, that even Churchmen, were Men; Statesmen, were only Men emminent in the State; Parliament Men, but Men in the Parliament; and that the best of Men, were but Men at best!

[Page 34]

Having received much Delight, and Satisfaction from several of Sir R's Performances, I will say nothing to the Virulency, and Invectives in the close of his Pamphlet, only this, that I wish they were not to be found in it; when I read them, I was surpriz'd to find a Person so versed in Scholastick Authors, practice so contrary to the Notions we imbibe from them in our Youth.

Adde quod ingenuas dedicisse fideliter artes

Emollet Mores, nec sinet esse Feros.

This manner of swelling Pamphlets with Invectives, and Complaints, brings to my Remembrance what I heard from the late Speaker Sir T. Littleton; he happen'd to have in his Coach some Ladies, whereof One at every Shock of the Perch, or unequitable Motion of a Wheel, was ready to scream, and squeal aloud; Sir Thomas grew very uneasy, lest the Lady should fright her self into Fits, but her Neice said, ‘"Don't be concern'd Sir Thomas, my Aunt is not more afraid than others; she commonly does thus; she hath an agreeable Voice, and thinks this squealing becomes her!"’

When some of these Annuities were granted, (if the Facts were as herein beforementioned,) I should be apt to think, (though I will never say it,) that, the Terms of, and in such Annuities, were voted, not Virtute but colore Officii! Had there been such In [Page 35] stances under a French Government, where Quod principi placuit Legis habet vigorem , we should long ago have heard their ultima Ratio , and the Equity of their last Resort----
Tel est Nostre Plaisir.

But while the Realms are Bless'd with such a King, and we have such a Ministry, I shall not mistrust, that this Nation will either do, or suffer any publick Wrong.

5th of February,
1719-20.

FINIS. [Page [i]]

Table of contents

• The PREFACE.

• POSTSCRIPT.
• THE EXPLANATION OF THE MAPP.

[...]

An Humble PROPOSAL, &c.

It is most humbly propos'd,

THAT if his Majesty and the Nation will be pleas'd to allow of a few Gallies to be built at, or sent to Gibralter and Port-Mahone, to be man'd with Convicts, such as are cast for Transportation. The bare Apprehension of being made a Galley-Slave, will strike such a Terror into the Minds of those vile People; viz. Highwaymen, Foot-pads, Housebreakers, Shop-lifters, Pick-pockets, Horse-stealers, Incendiaries and others, that are guilty of enormous Crimes, who like Locusts swarm in our Roads and Streets, and infects all Places to such a degree, that honest People are not safe, either at Home or Abroad; but when these People shall know to their dread, that instead of Transportation, they shall be sent to row in Gallies, or other Labour, without any hopes of Freedom till their Sentence is expired, it will certainly put a stop to Thieving and Villany, for it will cause such a Terror upon their Minds, of the Rigour, that those Paterroons, or Officers of the Gallies, exercises over those unfortunate People, who for the Punishment of their Crimes are thus dealt with, and could not be restrained by any milder Methods.

This with all humble Submission, seems a far better way then to take away the Lives of so many hale young [Page 4] Men, who perhaps never saw Twenty, and had been well educated, and of honest Parents, being cut of before they have liv'd out half their Days.

That by this Proposal they may be saved, and brought to a sense of their past Follies, in following of an extravagant vicious course of Life. And may be the happy means to convince them and others of the real Advantages of an honest sober way of living, that they may become serviceable to their Country in their several Trades and Capacities. But as they have by their repeated Robberies Robbieries (sic) , and other Villainies Villianies (sic) wrong'd the Nation in general, they may be made use of for a National Service, which in some measure may attone for the Mischiefs they have done, in the course of their past Lives.

And I shall further offer, that by sending of these Convicts to our Plantations and Collonies, it is only a mock upon the Nation, for we find by woful Experience that it does not answer the good Purpose, for which the Transportation Law was enacted; for it does not lessen lesson (sic) the Number of Thieves, or put a stop to exorbitant Tempers of these vile People; for the change of the Climate makes no Alterations either in their Manners or Morals, for wicked they was and so they continue. And learns, to be, by their being often transported, half Sailors, but compleat arch Rogues. Jamaica and other Parts of the West-India Islands by their wicked Behaviours, has enter'd into a Protest, to entirely refuse taking one of them.

And no doubt but those Places where they are sent to now, will be forc'd to follow their Examples. And their Banishment which was designed as their Punishment, they make use of to repeat all their former Villainies Villianies (sic) , giving ill Examples to their Youths, persuading their Negroes to rob their Masters and run away with them, either aboard the Pyrates, or Spanish Guard de Coast, they being thoroughly qualified for any vile or base employ. And the poor Sufferers that have been sadly abus'd, and their Substances taken from them, by those Savages in the shapes of Men, have often reflected on those who gave them these Opportunities, that they did not hang them out of the way at first.

These People making a Ridicule or Banter of Transportation, telling one another, that it is but a trip over the Herring [Page 5] Pond, their Passage being paid, Dg their Pretious Bloods, if that Country shall hold them long; they being thoroughly acquainted with the way of it, which to all thinking honest People, is the highest Contempt of the Law, and encourages and buoys them up in their vile Practices.

But how long these People shall serve, I will not offer to name, but leave that to the Wisdom and Prudence of the Law-makers, and their Judges to the nature of the Crimes they are convicted off.

I beg leave, humbly, to offer briefly, some few of the repeated Services, that Gallies may be made use off.

For as there is a strong Current, sets always through the Gut, if it proves Calm, which is frequent in those Parts: Ships that have been coming through, have drove past Gibralter, as high as Malaga, and others that have been coming down, have met with these Calms, and Ships of great Value, which tho' so near, could not fetch into the Bay, and so exposed to great Dangers, and some that have been taken by the Spaniards, who always kept lurking with their Gallies, on purpose for those Opportunities, that our Cruizers could not come to assist them; and in sight sometimes of Gibralter, which is the highest Provocation, and has been done to the unspeakable loss of Trade, the Ruin of abundance of Merchants and Sailors; but these Evils will be sufficiently made up and provided against, For we can with our Gallies in Conjunction with our Men of War, command all Ships passing, or re-passing in those Seas, rendering there Trade difficult to them, and of many Advantages to us of this Kingdom, that between the Ships we may save of our own, and what we may take of others, in case of a War it may be some hundred thousand Pounds a Year, For then not a Ship shall be suffered to pass, either coming in, or going out, but we may speak with them, Blow High, Blow Low.

I humbly appeal, to the Right Honourable the Lords Commissioners of the Admiralty, and Captains of Men of War, and others, how serviceable Gallies have been made use of in an Engagement, to tow out of the Line all disabled Ships, and to bring others in their Stations.

[Page 6]

And Gallies will entirely prevent any Trade by Sea to old Gibralter, and there other Harbours, with there small Vessels, that went along Shore in the last Rupture, and brought 'em fresh Supplies and Stores, that our Men of War could not prevent, it being not safe to venture so close to the Land, and our Long-Boats was not a Match for them, and it will certainly awe the Algereens, and Sally-Rovers, who so oft in my Memory, have play'd the Rogue with us, in making War and Peace at their Pleasure, and our Rich Presents.

And as this is offer'd with an honest Intention for a Publick good, to prevent these Evils for the Time to come; yet as there may arise several Objections, I shall briefly Answer, to some of the greatest that may be brought against this Proposal.

Objection. It may be a great Expence to the Nation in building of Gallies.

I Answer that, by what it has cost the Government between the Rewards of those that have been capitally convicted, as for some 300l. for others 50l. 40l. and the four Pounds four Shillings, that the Government pays for the Passage of every one that has been Transported, but since this King has come to the Crown, it may be made appear, that it will far out ballance the Charge of building a sufficient number of Gallies; and if I might offer further without disobliging, that the Charge of one Third Rate, in building and fitting her out for the Sea for six Months, by a modest Computation, will far out ballance the Cost of these Gallies.

But I humbly beg, that I may be understood, that by this Proposal, I am not for lessening any one Ship in his Majesty's Royal Navy, which is so much the Glory and Defence of these Kingdoms, and the Terror of the whole World, but that Gallies may be added as Tenders, or as shall be thought most for Service to them.

Obj. How many Gallies may be sufficient, to employ such Numbers that are sent away from Time to Time.

Answer, Eight may be enough, four or six at Gibralter, the other at Port-Mahone, as shall be thought most for [Page 7] Service, every Galley to employ 312 Men, so that by what shocking Terrors it may cause on the one Hand, and the surely securing them on the other, putting it out of the Powers of these People to return back, till the time of their Sentence is expired, as hundreds has done from the Places where they have been transported too: And I have been fully informed, that there is no Law to dispose of them as Servants, but only to put them ashore to run wild there, and not to return back, it being Death without benefit of Clergy; this puts them to rob and plunder the Country, till they can find an Opportunity of meeting a Master of a Ship, either at New England, or some other Place, who is as willing to employ them as they, for a Passage back, and perhaps some gets 10l. for there run Home, giving themselves other Names, but some has been so fool-hardy, in open defiance to the Law and Justice, to come to the Place that they was transported from, and have been took and Executed for it; so that by this Proposal, they will be reduced to such small Numbers, more than ever yet could be done by Deaths or Banishment.

And it is plain, that we have had more robbing in England in one Month, then has been committed in Italy, Spain, or Portugal in twelve Months, and it's thought it is owing to those Countries having Gallies, putting it out of the Power of those People to play at Fast and Loose.

Obj. That it is offer'd against a Free People.

Answer, I own it is the Happiness of the People of England, that we are a free People, that our Laws are made by joint Consent of King and Parliament, that we have many Privileges above other Nations; and that we are not extorted to any Confession, either by wracking on the Wheel, or other inhuman Inventions which is shocking. But I humbly conceive that when a Person is convicted by Evidence of breaking the King's Laws, they have lost all pleadings of their Freedoms, but is entirely at the Laws and King's disposal, whether for Life, Death, Banishment, or long Imprisonment, or Liberty. And Transportation was first thought to be, as great a breaking into the Rights and Freedom of these People, as now Gallies is offer'd; and Transportation [Page 8] was well designed, tho' of late Years it has proved the reverse.

Obj. That some would rather chuse Death then suffer themselves to be thus confin'd.

Answer, It is the unhappy Temper of some Men, they never was, or desired to be made usefully Good, or morally Honest, for their exorbitant Humours, which admits of no Bounds when that comes to have a restraint put upon it, by the just Methods of the Law, it either flings them into those vile wild desperate Resolutions, that had always been their directors to chuse Death, rather than to undergo these gentle Severities; or else it so dispirits them, by a sullen change of their Minds, that they had rather chuse Death in all its hideous forms, then to be brought under any Subjection; like some Creatures that I have seen in Virginia, when first caught wrangles with their Bridles and Masters, and endeavours to be their own Executioners, but by Degrees are brought to Use and Labour, and so they may be made serviceable to God and their Country, and run wild no longer.

Obj. As it is Peace, we have no Occasion for Gallies, and so we don't know how to employ these Convicts.

Answer, All wise Parents provides the Rod, and has it ready to make Use of, when Necessity requires it; and as his Majesty, Lords and Commons, are the Nations Parents, they are not to depend upon being always in Peace with France and Spain, and some others that are our Rivals in many Branches of Trade in the Mediterranean; and we see with what Resolution and Industry the Spaniards are at this Time, in building Forts at Gibralter Bay, and Cabrita Point, against the first Rupture, tho' they may gloss it over by many false Pretences, it is plain as the Sun at Noon-Day, by their bringing to them so many heavy Cannon, it is to be in readiness against and so to make the Bay of little use to us, for where our Ships rides it will be under the Command of their Forts; so that I shall leave that to all wise thinking Men, if that be Wisdom in us of this Nation to suffer it, whilst it's in our Power do some things that may disappoint all their cunning designs and mischievous views; and what I would humbly offer, that [Page 9] our Government would be as thoughtful and industrious to promote things for a Publick Good, as Spain is, and there is an absolute necessity for the building a Mole Pier, or Harbour, as laid down by that little prickt Line in the the the (sic) New Mole, which will be several Years in building, at a vast Expence to the Nation, if you hire Workmen out of England; but the Method I propose of sending Convicts, it will save the Nation a Million of Money, but when finish'd, will put such a baulk on the Spanish Policy, and likewise be a place of safety for all our Ships in hard Gales of Wind, and thus they may be employ'd tho' in times of Peace, in building some necessary Fortifications both there and at Port-Mahone, as may render those Places impregnable.

And shewing this to some Ingenious Gentlemen, that were truly satisfied with the usefulness, and repeated Services that Gallies would be off; but their main Objection was, that Gallies would not be comply'd with for fear of disobliging the Spaniards.

Ans. For the same Reason it is thought that some is for giving them Gibralter, but it will be an unwise Action, if they do, and the fatal Consequences that will soon follow, will but too plainly show it, and the Spaniards are not endued with the same good Nature, or Care to disoblige us, when they built that Fort at the head of the Bay to annoy our Shipping, and to hang a Master of a Ship in sight of us, for bringing the Garrison some small Necessaries, and to continue their Guarda Costa , to Kill, Plunder and take our Shipping in the West-Indies, and one, or two up the Straits, and to make Prizes of them; and now by a strict Order forbid upon Pain of Death, all Communication with us at Gibralter, both by Sea and Land, though we have been at an immense Charge with our Fleets to serve them: But I shall say no more to this Objection, but leave it to the Thoughts of all honest Englishmen who are not corrupted, or in a Lethargy; only this that Gallies in conjunction with our Men of War, will be as great a Thorn in their Sides, as any one thing we can do to them.

I would beg leave to give some few short hints why we should not part with Gibralter.

For by keeping of it, as I have propos'd, by Gallies assisting our Men of War, all Nations will have such a share [Page 10] of Trade as we are pleas'd to allow them; for Gibralter may justly be call'd the Key of the Straits, and if ever we part with it, we lock the Door against ourselves; and we shall vastly suffer in those two most profitable Branches of Trade, as first our Turkey Trade, that takes off such quantities of Cloth, as Scarlets, Purples and Bays, and employs so many Thousands of Families. And our Newfoundland Trade, that brings into this Kingdom some hundred thousand Pounds a Year of ready-money got out of the Sea; besides a Nursery for Sailors: Tho' it may be objected that our Fleets can command Entrance at any time in the Straits.

Answer, That Trade that must be carry'd on with so withso (sic) high a Hand, will suffer and lesson, for the following Reasons, as first the Turkey Trade, for the French who are a cunning subtle People, have learnt to make to a great Perfection the same sort of Goods; and will take the Advantage whilst we are forming Fleets, to supply them from Marseilles, which lies near at Hand. And next our Newfoundland Ships, which are neither Ships of Force or Runners, these will be also badly off, for as Fish is a perishing Commodity, whilst they are getting ready to join their Convoy, from their several Harbours, there Fish may be spoil'd, instead of enriching ourselves by Trade, it may prove to the utter Ruin of abundance of honest industrious Families, and vastly lesson his Majesties Revenues, and flat and dull the Spirit of Trade; for it was always the Strife and Ambition of those Persons, that traded that way, to be their only Care, to be first at Market because of a Price.

And in keeping of Gibralter and Port-Mahone, we have Harbours and Store-houses of our own, at that distance, where we can shelter, clean and refit our Ships without being beholden to any other Nation, and if any others should become Masters of that Place, but God forbid they ever should, they would make us pay for going thro' the Straits Mouth, all one as we do at our Tole-Gates, which will not agree with the Honour of our English Nation; as being always stiled Masters of the Seas, and so bring a Yoke upon us, that we nor our Children are able to bear, and our Fathers would have made them to tremble to have mentioned it to them.

[Page 11]

The common and most frequent Objection that is made use of, is, How did we do before we had Gibralter?

Ans. Such Persons that States this Question may well be suspected, that they have some private Advantages of their own, or other sinister Ends; so that they are Deaf to all other Reasoning then a tame surrender of the Place.

And as to those that have not given themselves fairly to think and weigh the Matter in the Ballance of the Sanctuary, I would ask, Have they consider'd the World grows more Numerous and Politick? And are they acquainted with the Situation of the Place, and how that the Spaniards have Ceuta, which lies opposite to Gibralter, and that by keeping of Ships and Gallies in both those Bays, that both Shores will become alike hazerdous for Ships that passes that way.

And these Gentlemen might as well Argue, How did we do before we had such Numbers of brave Ships of Force and Beauty in His Majesty's Royal Navy, or such fine commodious Docks and Yards to build and refit in, and the use of Guns and Powder, or the Art of Printing; and may other very useful Arts and Sciences brought to wonderful Perfection, both for Profit and Pleasure, that now we cannot be without? and with due Submission, it may be said, To what Purpose is it to enlarge the King's Dominions in the West-Indies, or elsewhere, or to neglect all due Care to preserve our trading Ships; but it is to be wish'd and hop'd Gibralter will, notwithstanding the thick Mist that are before some Peoples Eyes, remain in the Possession of the Kings of Great Britain, 'till Time shall be no more?

Those Places being gain'd at the Expence of so much Blood and Treasure.

[Page 12]

Some may object that I am a hindrance to Trade, because I argue against sending of Felons to our Plantations; because it is those Countries, that takes of such large quantities of our Home Goods.

Answer, I own it is, but as to those Felons, as I have made it appear, there is not one in forty stays there, but I would humbly offer for the good of Trade, to prevent the rotten from going, and that will preserve the sound, and we having many Millions of Acres of good Land unimprov'd for want of People; and those Countries producing many beneficial Commodities, that we of this Nation wants, which will employ many Thousands of Families. That all Trades will be the better for it, but especially the Woollen Manufactories, Hatters and Smith's-work in all its Branches; which employs whole Towns in England at those Trades; and may be the happy means to prevent such Numbers, who through decay of Trade are become poor, and thrown to lie rotting in Goals, so shocking to Human Nature: And it might prevent others who are forc'd through the difficulties they meet with, to get a living for the common Necessaries of Life, turn Thieves, Whores, Night-walkers, Forgers, Sharpers, Smugglers, Receivers, Procurers, Bawds, Gipsies, Fortune-tellers, Insolvent Debtors, Parish Poor and common Beggars, and others, that goes round the Countries, imposing on those well inclin'd charitable People by false Passes, as Pretenders by loss of Fire, Shipwreck, hard Rents, loss of Cattle, Suretyship, decay of Trade, and the like; if these were to go to our new Settlements, as there is proper Encouragements by Merchants, and other Gentlemen, for going there, it would be their truest Interest to go, that they may not be a Neusence to the Places they inhabit, or burthensome to the Parishes where they belong to, for they will be put upon a Footing to do good for themselves, get Estates for their Families, they becoming Customers to us, and we to them for their Produce; so that the mutual Trade will tend very much to the Benefit of both, and to the Increase of His Majesty's Revenues.

[Page [15]] [...] [Page [i]]

Table of contents

• ROBERT, Earl of Essex, Viscount Hereford, Lord Ferrers of Chartley, Boucheir and Lovain: Captain Generall Of the Army raised by the Authoritie of Parliament, for the defence of King and Kingdom.

• 1. Of Duties to God.
• 2. Of Duties in generall.
• 3. Of Duties towards Superiours and Commanders.
• 4. Of Duties Morrall.
• 5. Of a Souldiers Duty touching his Arms.
• 6. Of Duty in Marching.
• 7. Of Duties in the Camp and Garrison.
• 8. Of Duties in Action.
• 9. Of the Duties of Commanders and Officers, in particular.
• 10. Of the Duty of Muster-Masters.
• 11. Of Victuallers.
• 12. Of Administration of Justice.

[...]

Laws and Ordinances of Warre.

[Page [5]] [Page [17]] [Page [22]] [Page 1]

Table of contents

• TO The Supream Authority of this Nation, the Parliament of the Commonwealth of ENGLAND.

• 1. The first Proposall .
• 2. The second Proposall .
• 3. The third Proposall .
• 4. The fourth Proposition .
• 5. The fifth Proposall .
• 6. The sixth Proposall .
• 7. The seventh Proposall .
• 8. The eighth Proposall .
• 9. The ninth Proposall .
• 10. The tenth Proposall .
• 11. The eleventh Proposall .
• 12. The twelfth Proposall .
• 13. The thirteenth Proposall .
• 14. The fourteenth Proposall .
• 15. The 15. Proposall .
• 16. The sixteenth Proposall .
• 17. The seventeenth Proposall .
• 18. The eighteenth Proposall .
• 19. The nineteenth Proposall .
• 20. The twentieth Proposall .
• 21. The 21. Proposall .
• 22. The 22. Proposall .
• 23. The 23. Proposall .

[...]

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

THE Persecution and Oppression of our late Kingly Governours, with their House of Peers, and Lordly Bishops, though at first not so well apprehended by great numbers, whom by Court Preferment Corrupt Education, or otherwise they had seduced, is now through the Christian liberty of trying all things, become so clearly discernable, as that even the greatest part amongst us, and all Nations round about us, do much justifie us in the Judgement we have executed upon them, both root and branch: The observation whereof ought to be no small inducement unto the same Heroick spirits whom God made instrumentall to execute his Vengeace upon such Enemies to true Godlinesse and Freedome, to cast their eyes about them, and spy out what work is yet remaining to be done by them, before these Nations can possibly injoy so great a Good as the Lord may be presumed to have intended to them by their expence of so much blood and treasure.

It will then doubtlesse be easily perceived that the Lawyers, the men of Law, the whole Tribe, from the Judges to the Prison-door-keepers, though some of them, as to their [Page 2[18]] personall actings are not so blameable as other some, in their owne sphear of Westminster, have not onely been mischievous and destructive as Canker-wormes or Pharaohs lean Kine, unto these Nations, but have ever been those Mercuriall spirits and instruments, civil tormentors and executioners, to carry on and practise whatsoever our persecuting oppressing Governours, with their Peers and Lordly Bishops, have been executed for.

It was this tribe that was so ready and willing to do their drudgery, that they might be maintained in buying and selling the Nations over and over, as often as they pleased; at one Terme or Tryall the Plaintiffe, and at another the Defendant, then back againe, and then forward, and all according to as good Law or Equity, as hath been in England since William the Conquerour. And besides all this, though they seem to have but one chief Shop at Westminster, a few stals erected for them in the Circuits, and their owne private Ware-houses at home, yet this one Tribe is thought to make a shift to gaine or reap one fifth part of all the gaines and increase of the whole Nation, by their severall wayes of incomes, which I know not well how to term, whether Fees, Bribes, Duties, or Extortions, they seem so like one another, or the same summed up together.

The knowledge of the Lawes whereby a man injoyes his life, liberty, and estate, and through breach whereof he forfeits all this temporall life affords, is not of lesse absolute necessity, as to the things of this world, then the knowledge of those religious, eternall, fundamental principles of Faith and Love, without which it is impossible to attaine the joyes of Heaven. And therefore our Lawyers in their spheare are no lesse Monopolizers & Usurpers, then the Prelaticall or Popish Clergie, who endeavour by all means to continue us in the ignorance of our earthly patrimony and birth-right, the Lawes, not contenting themselves onely to perswade, but even in a manner compelling us to rest satisfied with an implicite knowledge thereof, and so in effect to depend totally upon themselves, and hold at their mercy our very lives, liberties, and estates.

This subtile Tribe without whose concurrence their royal [Page 3[19]] Masters, with their Peers and Lordly Bishops, could not have been brought unto Account, when they perceived and saw they had outgon their own politiques in questioning of them so far as that they could not retreat for shame, nor yet with safety, they then resolved to put the best space on it, and joyne not onely in executing Justice upon them all, but began to acknowledge their owne irregularities, and exorbitances, even not to be longer endured, and promised Reformation, which they have been (even round) about these ten years, and at last suffered Commissioners to be chosen to consider of the Regulation of the Lawes, and Courts of Justice, who that they might not be over-charged with so great a task, they gave them halfe a dozen of Gentlemen of the same tribe, to save them a labour (I wish it proved so) and what fruit it produced, is best knowne unto themselves; but it seems the late Parliament could not digest, but still grew worse and worse untill its dissolution: And these poor Nations still continued to be mis-governed by a hotch-potch of Linseywolsey Lawes, so numerous, as not to be learned or comprehended, some so differing as that they contradict and give the lye to one another , so irrationall and absurd, to spare worse words, as that they character us to be one of the most barbarous people in the world. And that which is yet worse then all the rest, the evill execution of them with their delatorinesse and charge in so high a measure as demonstrates us over-dull and stupid to endure them hitherto.

In the making of all our Statute Laws, the establishing the Kings Prerogative was more aimed at then estating the people in freedome, which though never so much the peoples due and birth-right, if ever they vouchsafed us any Crums thereof, they forbore not to entitle them pure acts of highest grace and favour. Now for a people redeemed out of the jaws of Tyranny, and desirous to settle and establish themselves, and be made happy under a Common-wealth Government, with the self-same Lawes which were either wrung from their excluded Tyrants in their exigency, or any wayes indulged (as they would have it accunted) is no more possible then for a Tyrant to erect and long to continue an Usurped Jurisdiction, while he governed by a body of Lawes that had [Page 4[20]] been enacted by the free people of a Common-wealth. Let us therfore no longer idolize that thread-bare notion of fundamentall Lawes, wherein perhaps the whole Nation hath too much, too long hypocritised. And yet I hope no otherwise then an honest Traveller, who in discretion is bound to give out no offensive words, whilest he finds himselfe encompassed by Theeves: Wherefore let not any of our former lawes or Customes, no more then our Religion hath done, passe unexamined, and so scape being blasted or allowed of as they shall tend to the true freedome, securing, enriching, and contenting of the people of the Nation.

To be led implicitely to accept of Lawes we either have not tryed, or understand not, is the second grand indiscretion which a Nation can possibly commit, and inferior onely to that of being superstitiously hurried by an implicite Faith in matter of Religion, as aforesaid. But will we in one word or circumstance see the unlikelyhood of the Lawes becoming wholesome to us, without more then a little rectifying, qualifying, if not quite new-moulding them? Did not the late King CHARLES pretend, as well he might (for they were more his then ours) to fight for defence of the Fundamentall Lawes, and the Protestant Religion? And doe we think his Lawes and his Religion, together with his Judges (for they also were more his owne, and complyed more by base Expositions, then either his Lawes or his Religion) would ever have cut his Head off for fighting to maintaine them? Certainly it was another, and that far better, as more rationall both Religion and Law, that freed us from this superstition and vassallage: And if we doe not more speedily begin to owne it, ere long I feare we shall be brought to be too much dissemblers: Let us not then implicitly or hoodwink'd trust those Lawes which have been subservient to the lusts and pleasures of Tyrants of so many Nations, who by invasion of this Land have usurped jurisdiction over us. [Page 5[21]]

But rather then this Legall Bondage, and implicite proxie Religion should be longer continued, It is Propounded,

[Page 12[28]]

Table of contents

• 1. The Summe of the Juries Verdict.

[...]

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

UPon Easter Munday last, being the 23th. day of March, in the 20th. Year of the Reign of our Sovereign Lord the King that now is; It being the usuall time of the Apprentices Liberty for their Civil Recreations; A Rude Multitude of People being met together in MooreFields, where, being so assembled, were instigated [Page 2] by some Factious Persons amongst them; who, to colour their Design, insinuated into the Rabble the pulling down of Bawdy-Houses; Under which Colour of Reforming of Bawdy-Houses, they at length Raised a great Hubbub; and so increasing in their Disorders, in a Tumultuous manner, committed many notorious Crimes; But, by the vigilancy of the Magistrates of the City, with the assistance of His Majesties Guards, were at last reduced; some of the Ring-Leaders whereof were apprehended and committed to the Goal for their Offences, to receive their Tryalls according to the known Lawes of the Land.

And having been several times Examined, upon Confession of some, and Pregnant Proofe against others, by a special Jury of several Knights, Esquires and Gentlemen, of very great worth and esteeme, of the County of Middlesex,

These Persons following, to wit

• Peter Messenger,
• Richard Beasley,
• William Greene,
• Thomas Appletree,
• John Earles,
• William Wilks,
• William Ford,
• Richard Farrell,
• Edward Cotton,
• Edward Bedle,
• Richard Latimer,
• John Sharpless,
• Richard Woodward,
• Thomas Limerick,
• John Richardson.

The Names of the Jury Sworn.

• Anthony Hall,
• William Knight,
• Henry Francis,
• John Baker,
• Robert Shaw,
• Thomas Constable,
• Thomas Jennins,
• John Nichols,
• Ralph Bradshaw,
• John Saving,
• John Marsh,
• Henry Kent.

The Jury being Sworn, the Court proceeded to Tryal.

The names of the Witnesses called and sworn,

• Richard Dowson.
• John Cowley.
• Henry Bull.
• James Martin.
• Abraham Brookes.

The Oath.

THe evidence you shall give between our Sovereign Lord the King and the Prisoners at the Bar shall be the truth, the whole truth, and nothing but the truth. So help you God.

( John Cowley second witness ) [Page 7] ( James Martin fift Witness. )

Witness. All I know is, Beasley made a blow at our Ensign, and struck at him with his Sword.

[Page 8] ( A Constable witness Sworne. ) [Page 11] (Mr. Glover and Mr. Bennet the Prisoners VVitnesses. ) ( John Cowley VVitness. ) [Page 12] [Page 13]

As for Greene it is proved he was with them shouting, and casting up his Cap: Now the Act that any one does in such a Tumult is the Act of all, if they all joyn together. He was on Tuesday following there, and on Wednesday he was taken. And then for Appletree he was the first Man that struck the Constable, and pull'd down Burlinghams house.

[Page 15]

Edmund Bedle. Richard Latimer. to the Barr.

Bill of Indictment.

You that are now called, being moved through the Instigation of the Devill, and having not the Fear of God before your eyes, have withdrawn your Obedience to our Sovereigne Lord the King, and against him did imagine and contrive Warr and Rebellion the 24th. day of March, with four or five hundred Persons in a Warlike manner arraied with long Pikes and other Armes, there met and assembled, against the Peace of our Sovereign Lord the King His Crown and Dignitie, &c.

Witnesses Sworne.

• William Badley,
• William Riggs,
• John Maldey.
• John Williams.

[Page 16]

Gaylor of Finsbury Prison. Witness Sworne.

Another VVitness Sworne.

[Page 17] [Page 19]

• Richard Cotton called to the Bar.
• John Earles called to the Bar.
• William Wilde called to the Bar.
• Richard Farrell called to the Bar.
• William Ford called to the Bar.

Their Indictment read.

(Sir Philip Howard witness sworn. ) (Sir Edward Fish, witness, sworn. ) ( Robert Hoydon, witness, sworn. )

Another witness sworn.

Pike and Gillington witnesses sworn.

[Page 22] [Page 23]

• John Richardson to the Bar.
• Thomas Limbericke to the Bar.
• Richard Woodward to the Bar.

[Page 25] ( Another Witness sworn. ) [Page 26] [Page 27] ( Prisoners Witness. ) ( Another Woman Witness sworn. )

John Sharpelisse, Prisoner at the Bar.

His Inditement read.

John Harding, Owen Maxum. Witnesses call'd, but came not in against the Prisoner.

[Page 28]

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

SIr William Courten late of London Merchant, Endimion Porter, Esquire, John Weddal, Nathaniel Mountney, George Townesend, Thomas Kynnaston, Merchants, and divers others Participants with them, set forth severall great Shipps, laden with money and Marchandizes, for the Coast of India, China & Japan the Years 1636. 1637. & following Years, for trading voyages persuant to their letters Patents under the great Seal of England.

After the death of Sir William Courten, William Courten his Son and Heir, and the surviving Partners, set forth the said Ships Bona Esperanza & Henry Bonadventura (inter alia ) in the Year 1641. for supply of their Factories, and to bring home their Effects from India and Parts adjacent.

Afterwards William Courten being indebted to divers Persons, in severall great sommes of Money, amounting unto 100000. Pounds and upwards, for which Sir Edward Littleton, his Brother in law, stood obliged; The said William Courten did by his indenture and Bill of sale dated the 26. day of April 1642. graunt and assign all his Interest and share of stock in the said Ships and Factories in India to Sir Edward Littleton, for his indemptnity from the said debts, provided the surplus should be returned to the said Courten.

Afterwards William Courten and Sir Edward Littleton, reciting the first Bill of sale and a great debt of 24800 Pounds due to Sir Paul Pindar, they graunt and assign unto Sir Paul all their Interest and share of stock, in the Ships Bona Esperanza and Henry Bonadventura with all Freights, and pro [Page 6] ceeds by a tripartite Indenture and Bill of Sale dated the 19. of December 1642. Provided that the surplus should be applyed towards the discharge of Sir Edward Littleton's engagements.

On the 25. of June in the Year 1643, the said Ship Bona Esperanza with her lading, was taken in an hostile manner in the Streights of Mallacca, in her passage from Goa towards Maccao in China, by two Ships of Warr called the Vendilo and Portogallo, commanded by Captain Vermeerren and Captain Geeland (and the Lieutenant of the Fort at Mallacca) belonging to the East-India Company of the Netherlands, under a pretence that Mr. Courten and his Partners, traded with the Portugalls their Ennemies, notwithstanding there was a Truce made between the King of Portugall, and the States Generall, for ten Years in all parts parrs (sic) of the rhe (sic) Indies and Europe, which was concluded at the Hague on the 12. of June 1641. by Don Tristao de Mendoca Furtado, Embassadour from Don Iuan King of Portugall.

In the same Year 1643. the Officers of the said East-India Company toke the Ship Henry Bonadventura with her lading into their possession, near the Island Mauritius, and converted both the Ships and Goods to their own use, to the loss and dammage of Mr. Courten and his Assigns, and the rest of the Partners, the summe of 85000 Pound Sterling, as by the proofs taken in the High Court of Admirallity in England appears.

On the 5. of September 1644, the Proprietors having addressed themselves to the High Court of Admirallity, and procured an Admonition to be given unto Monsr. Albertus Ioachimy, the States Embassadour then resident in England, Intimating that they intended to examine Witnesses, in perpetuam rei memoriam , concerning the spoyls and dammages of the said Ships and lading; Which Admonition was also affixed upon one of the Pillars of the Royall Exchange, where it remayned eight dayes publickly, to the end that the East-India Company of the Netherlands, or any Person for them, might retain a Proctor to cross examine any of the said Witnesses if they pleased.

In the Year 1647. Sir Paul Pindar makes a Procuration Ptocuration (sic) or Letter of attorney to Jonas Abeels of Amsterdam Merchant, dated the 11. of February 1647/8. old Stile, and also sent him an authentick Copie of the said tripartite indenture, attested by Iosua Maniet of London Publicq Notary.

In the Year following William Courten being insolvent by reason of other losses, absented himself and went privately to the Hague to Mr. Iacob Pergens, who was not ignorant of the Premises in every circumstance, having received the particulars of the dammages amounting unto 85000. [Page 7] Pound, yet nevertheless to imbroil the Subjects of both Nations, he perswaded Mr. Courten to make another Bill of sale dated the 22. of February 1647/8. reciting therein that Mr. Courten being indebted to the said Mr. Pergens in severall summes of monie, he graunted and assigned all his right and interest in the said Ships and lading to him the said Pergens, Provided that Pergens should pay the surplus over and above his pretended debt to such person and persons lawfully clayming under Courten, which bill of sale was signed by William Courten and Iacob Pergens, and attested by Dominique Coulyn, David Goubard, and Salomon van der Heyde Publicq Notary in the Hague.

In the moneth of May following Gerrit Coren Publicq Notary at Amsterdam by order of Ionas Abeels, insinuated his Procuration from Sir Paul Pindar and the Originall bill of sale from William Courten and Sir Edward Littleton, to the Directors of the East India Company, interdicting their payment of any monie for Courtens share and stock in the Shipps and lading aforesaid to any person or persons whatsoever, but unto the said Ionas Abeels in right of Sir Paul Pindar, protesting ptotesting (sic) that if they did otherwise it should be no discharge unto them; which insinuation and Protest was done by the said Notary Publicq on the 25. of May 1648. in the Assembly of the said Directors at their Chamber in Amsterdam in the presence of Ian Iansen and Adrian Nys witnesses thereunto.

In the Moneth of October following, Ionas Abeels caused to be arrested in the hands of the said East India Company alle such summes of mony as should be found due from the said Company concerning the said two Shipps and their lading, that out of the said monies Sir Paul Pindar share and proportion should be paid in the first place to him the said Ionas Abeels in his quallity; which Arrest was made the first of October 1648. by Goosen Daniels Bode or Messenger; And a second Arrest was made by Willem Iansen Bode or Messenger, in November following both which the Court declared to be valid.

Notwithstanding all these Admonitions and proceedings the Directors of the East India Company at their Chamber in Middelburgh Middelbutgh (sic) on the 18. of September 1649. made an underhand agreement with the said Iacob Pergens for 85000. gilders upon Caution given by the said Iacob Pergens and Peter Boudaen Courten of Middelburgh Marchant to save the said Company harmeles and indempnified from Sir Paul Pindar and others concerning the said Monie or any after claymes.

Ionas Abeels on the 17. of May 1650. understanding of the underhand agreement at Middelburgh, summons the Directors of th' East India Com [Page 8] pany before the Magistrates of Amsterdam, and declares against them that they should be condemned to pay the 85000. gilders to him in right of Sir Paul Pindar with dammages for the same untill effectuall payment.

Then the Directors of th' East India Company summoned Iacob Per [Page 8] gens, and Peter Boudaen Courten on the 13. of September 1650. to indem [Page 8] pnify them from Sr. Paul Pindar for the said money, and free them of all Costs accordingly, as by the Acts of the Court appears. In the same Year 1650. Sir Paul Pindar dyed, and soon after Ionas Abeels dyed also. So the right of Action remained in statu quo .

In the Year 1654. William Toomes, Executor of Sir Paul Pindar, and severall of the Proprietors and Adventurors, exhibited their claym for the Originall loss and Dammages of 85000 Pound Sterling, before the English and Dutch Commissioners at London, appointed by the Treaty made between Oliver Cromwel and the States Generall, which by a provisoe in the said Treaty was referred to the Protestant Cantons of Switserland, if the said Commissioners did not compose the same within three moneths.

Afterwards the Proprietors and Adventurors applyed themselves to Mr. Secretary Thurloe, for a Commission to be directed to the Protestant Cantons, who answered that most of the Proprietors being Delinquents by Act of Parlement, for adhering to the late King, and soe they had forfeited their Estates, they could not expect any protection from his Highness Oliver Cromwel, therefore perswaded them to desist from any further Prosecution pro tempore .

In the Year 1660. upon His Majesty's most happy restauration, severall of the Proprietors and Adventurors on the behalf of themselves, and the rest of the Interessed made their address to Sir Edward Nicholas, Principall Secretary of State, to move His Majesty to recommend their case concerning the Ships Bona Esperanza and Henry Bonadvantura to the States Generall for satisfaction and reparation.

Whereupon Sir Edward Nicholas having informed the King the true state of the case, and also intimated to His Majesty what great services and sufferings Sir William Courten and Sir Paul Pindar had undergone for the Crown of England, both in the time of King Iames and the late King, as also of the particular sufferings of Sir Edward Littleton, and severall of the other Proprietors, His Majesty was gratiously pleased to direct his Letter under his sign Manuall to the States Generall, signifying that the said spoils and dammages being committed against the Laws of common Amity, upon his Subjects who had merited so much from the Crown, he Earnestly required the States Generall to make satisfaction to the Persons interessed [Page 9] and injured, according to the proofs made in his high Court of Admirallity, signifying also that he was obliged in Justice and Honour to see it effected accordingly.

In persuance of which Letter and severall Orders of the Councell-Table for Instructions to Sir George Downing, who was then Envoyé Extraordinary for His Majesty at the Hague, divers Memorialls, Answers and Replyes passed between him and the States Generall in the Year 1662. concerning the said spoils and Dammages of those Ships Bona Esperanza and Henry Bonadventura, wherein the States Generall denyed not the matter of fact, but would have Evaded any other satisfaction to the proprietors and Participants, then what the East India Company by Combination had given to Iacob Pergens upon his fraudulent practise as aforesaid.

In that Year 1662. the States Generall having instructed Mr. Simon van Hoorn and Mr. Michiel van Gogh their Ambassadours in England, to get the said spoiles and depredations concerning the said Shipps to be mortified and Extinguished in the Treaty then depending at Whitehall, his Majestie declared he would breake of the said treatie unlesse satisfaction and reparation should be made for the said Shipps according to the said Letter of recommendation to the States Generall at the Hague as aforesaid.

Where upon there was a particular Exception in the 15. Article of the said Treaty, concluded at Whitehall the 4. of September 1662. that the Dammages concerning those two Shipps Bona Esperanza and Henry Bonadventura should not be comprehended in the Extinguishment and mortification of former losses and Injuries in the East Indies, but reserved for reparation according to tot (sic) his Majesties Letters of Recommendation as aforesaid, and Expressed in these words poterint litem inceptam prosequi &c. which agreement was also attested under the Hands and Seales of the late Duke of Albermarle, the Earle of Manchester, the Lord Hollis, the Lord Bartlet, Sir George Carteret, Sir Edward Nicholas and Sir William Morice, Commissioners that Treated with the States Embassadours.

In the Year following Sir George Downing in persuance of the said Treaty, held a Conference with the Pentionaris Iohn de Wit and the Deputies of the States Generall, in the presence of Mr. Peter van Dam, and two of the Directors of the East India Company in the Chamber of the States Generall to adjust the said Dammages, But in stead therof the Company made severall impertinent interpretations upon the Law of England in the Case of Sir Paul Pindar and Sir Edward Littleton; Notwithstanding the said Company had the Opinions by them under the hands of Sir Iohn Iohnn (sic) [Page 10] Glynn, Sir Iohn Maynard, Sir Edward Turnor and Master Serjeant Baldwynn, affirming that William Courten had nothing in him to grant to Iacob Pergens after the Bills of Sale to Littleton and Pindar, which made them absolute proprietors by the Law of England. Only there was a possibillity left in Courten to call them to Accompt after their debt should be paid, which opinions were also confirmed by Sir Giles Sweit, Sir William Turner, Sir VValter VValker, and Sir Tymothy Baldwyn, Doctors of the Civill Laws, and delivered to Mr. Peter van Dam the Advocate of the East India Company.

Then Iohn de VVit offred 30000. pound sterling. upon Accompt of all the Proprietors and persons interessed, reserving the Civil right of Action against Iacob Pergens and Peter Boudaen Courten, for the 85000. gilders paid upon their caution as aforesaid, which offer was not satisfactory, so the Generall dispute remayned also in statu quo .

Afterwards Sir George Downing did by his last Memoriall upon that subject, dated the 24. of October 1664. give the States Generall a peremptory day to make of that business, intimating therein how ill the King resented it to be so slighted, and that his Majestie would not prostitute his Honour any further but Governe himselfe accordingly, yet all proved ineffectuall.

Then the Proprietors with others addressed themselves with a list of Dammages to the House of Commons in Parliament, the Bona Esperanza and Henry Bonadventura being placed in the front of all demands; whereupon the Commons voted to assist his Majestie with their lives and fortunes in acquiring satisfaction and reparation, and soone after a declaration for Generall Reprisalls was ordered by the King and Councell against the States Generall and their Subjects, whereupon severall millions of pounds Sterling were granted to his Majestie in Parliament for the prosecution thereof.

In the Year following the Earle of Shrewsbury, Sir Iohn VVolstenholme, Sir Iohn Ayton, George Carew and VVilliam Floyd Esquires, and others Interessed, made application to his Majestie by petition for Espetiall Letters of Reprisall to remaine in force against the States Generall and their Subjects, untill the Originall losse and dammages should be reprised which was referred to the Judge of the Admirallity and his Majesties Advocates Generall, and severall other Doctors of the Civill Law, to Examine the whole matter and to reporte their opinion what was fitt for his Majestie to do further for his Subjects reliefe in that Case.

After severall Consultations and debates had betweene the said refer [Page 11] rees Concerning the premises, Doctor Exton then Judge of the Admirallity Court, Sir Robert VViseman, Sir VVilliam Turner, and Sir Timothy Baldwyn, made their report to his Majestie, that in this case of spoiles there was no remedie left but Especiall Reprisalls to continue in force against the States Generall and their Subjects, untill the debt and Dammages (wich they found upon proofes to arise unto the summe of 151612. pound sterling) should be recovered with Costs, or a Composition made for the same betweene the East India Company of the Netherlands and the parties Interessed, whereof the said Company were obliged by the Law of Nations to take notice of.

In persuance thereof Letters Patents under the Great Seale of England dated the 19. of May 1665. were granted unto Sir Edmond Turnor, and Mr. George Carew (Administrator of Sir Paul Pindar) their Executors Administrators and Assignes on behalfe of them selves and all the Interessed to continue in force accordingly, with this Especiall clause and Provisoe therein contained, that notwithstanding it should happen that a peace and agreement should be made betweene his Majestie and the States Generall for the Generall Reprisalls, yet it should be lawfull for the said Turnor and Carew and their Executors and Assignes, to putt the said Letters Patents in Execution for Especiall Reprisalls from time to time untill they had recovered the said debt of 151612. pounds with all Incident Charges, or that the East India Company of the Netherlands should Compound with the Proprietors and other persons Interessed in the same.

In the Year 1666. Mr. Iames Boevé delivered a Copie of the said Letters Pattents to Mr. Peter van Dam, at the East India Chamber at Amsterdam, and requested him to move the said Company to compose the said debt and Dammages in an Amicable way rather then to leave it in dispute from Generation to Generation, to the prejudice of the States Generall and their Subjects.

In the Year 1667. during the Treaty at Breda, the States Generall having suprized the Kings Shipps at Chattam, severall of the Proprietors freinds in the Hague moved the Pentionaris Iohn de Wit, to incite the States of Holland and the East India Company to te (sic) give some Honorable satisfaction for the Shipps Bona Esperanza and Henry Bonadventura (which had bin so solemnely debated in former Treaties) being more for the Interest of their Country then to insist upon such scandalous Articles as they had framed and sent to Breda concerning the said Dammages, which could not extinguish the debt or make void the Letters Patents, to Turnor and Carew any more then to disannull the 35. Article of the States Patent to the [Page 12] East India Company of the Netherlands, whereby they make peace and Warre with all Princes and States whatsoever at their pleasure from the Cape Bon Esperanza to the Streights of Magelanus, yet Iohn de Wit and his Complices persisted in their projects, and would not hearken to any other advice.

In the Year 1671. the States Generall having made severall Breaches of the Treaty at Breda, and denyed Common Justice to his Majesties Subjects in their ordinary Courts of Judicature in Holland and Zeland, severall of the proprietors and Interessed Persons in the said debt and Dammages, made fresh applications to his Majestie by petition, and prayed that his Majestie would please to insist upon reparation and satisfaction in an Extraordinary way according to the merits of their causes, and Espetially for the debt of 151612. pounds ascertained under the Greate Seale of England as aforesaid, which said petition was by order of Councell referred to the Lords Commissioners of the Treasury and the two principall Secretaries of State, who made a report to his Majestie, that the States Generall having bin refractory in severall Articles of the Treaty at Breda, his Majestie and his Subjects were at libertie both in justice and Equity to require full satisfaction and reparation in Mr. Courtens Case, notwithstanding the said Treaty at Breda.

In persuance thereof his Majestie was gratiously pleased on the 7. of July 1672. to recommend the debt of 151612. pound with Dammages by his Letter under his signe Manuall sent by the said George Carew to his Grace George Duke of Buckingham, and the Right Honorable Henry Earle of Arlington, his Majesties Plenipotentiaries and Embassadours Extraordinary to the French King and the States Generall then upon a Treaty at Uytrecht, commanding the said Plenipotentiaries to insist upon satisfaction accordingly; declaring therein his care to protect his Subjects in their Just rights as well as to assist them in the recovery thereof. But the said Treaty taking no effect, the said Plenipotentiaries removed from Uytrecht before Mr. Carew arrived at Amsterdam. Then Mr. Carew returning for England in Company with Mr. John Sherland the Fiscall Generall by order of the States of Holland Committed them both to Prison on the 6/16. of August 1672. as Criminalls upon pretence they were Ennemies to the Country, and Charged Mr. Carew as a seditious person in seeking after Justice in the premises, and detayned them both close prisoners in the gevangen port, where they tbey (sic) are subject to many affronts and reproaches upon [Page 13] every encounter and Alarum in the Countrey, and also obstructed in the Just prosecution of the debt and Dammages aforesaid, which is by an Especiall order of the Councell board dated at Whitehall the 2. of May 1673. recommended to the Lords Embassadours Extraordinary and Plenipotentiaries at Cologne, intimating therein that the case of the Adventurors and Creditors of Sir William Courten being already fully stated should be first insisted upon in the list of all Complaints, wherefore the Letters Patents were exemplified and sent to Cologne accordingly, a true Copie thereof here after followes.

[Page 14]

A Copie of the Letters Patents for Especiall Reprisall from the King of Great Brittain, under the Great Seale of England, against the States Generall and their Subjects, (enrolled in Chancery Anno 1665.)

CHARLES the second by the grace of God, of England, Scotland, France and Ireland King, Defendour of the Faith &c. To all Christian People to whom these presents shall come, Greeting: Whereas our loving Subject William Courten Esquire deceased, and his Partners anno 1643. by the depredation and hostile act of one Geland, Commander in chief of two Ships belonging to the East-India Company of the Netherlands, was between Goa and Maccao in the Streights of Mallacca, deprived and most injuriously spoiled of a certain Ship named the Bona Esperanza, and of her Takle, Apparrell, and Furniture, and all the Goods and Lading in her, upon npon (sic) a very hopefull trading Voyage to China, which were carryed to Batavia and there all de facto without due Processe of Law confiscated; And that also in the same Year another laden Ship of Our said Subject, called the Henry Bonadventure, being come on ground nere the Island Mauritius, was there both Ship and Goods seized upon by some of the Officers and Ministers, & others under the command of the said East-India Company, and utterly deteined from the right Owners. And Whereas the said William Courten and his Assigns in his life time used all possible endeavours to recover the said Ships and Goods, and to procure further Justice against the Malefactours, and yet could obtain no restitution or satisfaction, whereby they became to [Page 15] be much distressed and utterly undone in their Estate and Credit: And that thereupon and upon the most humble supplication and Adresses of Francis Earle of Shrewsbury, and William Courten Esquire, Sonne and Heir of the said Sir William deceased, Sir John Ayton and Sir Edmond Turnor Knights, George Carew and Charles Whittaker Esquires, on the behalf of themselves and divers others interessed in the said two Ships Bona Esperanza and Henry Bonadventura, and in the Estates of the said Sir William Courten deceased, Sir Edward Littleton Barronet, and Sir Paul Pyndar Knight deceased, that We would take their Case into Our Princely consideracion. We out of a just sence We then had and still have of their unjust uujust (sic) sufferings in that business, both by Our own Letters under Our sign Manuall to the States Generall of the United Provinces, and by Sir George Downing Knight and Barronet, Our Envoy Extraordinary, to whom We gave especiall command so to do, required satisfaction to be made according to the Rules of Justice, and the Amity and good correspondence, which We then desired to conserve with them firme and inviolable. And whereas after severall Addresses made to the said States Generall by Our said Envoy, and nothing granted effectuall for relief of Our said Subjects, (whom We take Ourselves in Honour and Iustice concerned to be satisfyed and repaid) We lately commanded the said Sir George Downing to intimate and signify to the said States, that We expected their finall Answer, concerning satisfaction to be made for the said Ships and Goods by a time then prefixed and since elapsed, that We might so govern ourselves thereupon that Our aforesaid Subjects might be relieved according to Right and Iustice; And yet no satisfactory Answer hath been given, so that We cannot but apprehend it to be not only a fruitles endeavour, but a prostituting of Our honour and dignity to make further Application, after so many denyals and slightings. And whereas John Exton Doctor of Laws, Iudge of Our High Admiralty Court of [Page 16] England upon Our Command, to certify to Us the value, and losses, and dammages, susteyned by the said William Courten and Partners, whose Interest is now vested in Our loving Subjects Sir Edmond Turnor Knight, and George Carew Esquire, and Partners, hath upon full Examination and proofs thereof made by witnesses in Our High Court of Admiralty, reported and certified under his hand that the same do amount to the summe of one hundred fifty one thousand, six hundred and twelve Pounds.

Now Know Yee , That for a full restitution to be made to them for their Ships, Goods and Merchandizes, of which the said William Courten, and the Assignes of the said William Courten and Partners, were so dispoiled as aforesaid, with all such Costs and Charges as they shall be at for the recovery of the same, We by the Advice of our Privy Councill have thought fit, and by these presents do grant Licence and Authority under Our great Seale of England, unto Our said Subjects Sir Edmund Turnor, and George Carew, their Executors, Administrators & Assigns for and on the behalf of themselves, and other Persons interessed as aforesayed, to equippe, victuall, furnish, and to set to Sea from time to time such and so many Ships and Pinaces as they shall think fit. Provided alwayes that there be an entry made and recorded in the Admiralty Court, of the Names of all Ships and Vessels and of their Burthen and Ammonition, and for how long time they are victualled; And also of the Name of the Commander thereof before the same or any of them be set forth to Sea; And with the said Ships and Pinaces by force of Armes to set upon, take and apprehend any of the Ships, Goods, Monyes and Merchandizes of the said States Generall or any of their Subjects, inhabiting within any their Dominions or Territories whersoever, the same shall be found, and not in any Port or Harbour in England or Ireland unless it be the Ships and Goods of the Parties that did the wrong. And the said Ships, Goods, Monyes and Merchandises being so taken and brought into some Port of Our [Page 17] Realms and Dominions, an Inventory thereof shall be taken by Authority of Our Court of Admiralty, and Judgement shall be given in Our Court of Admiralty by the Judge or Judges thereof, for the time being, upon proofs made before him, or them, that the said Ships, Goods, Wares, Merchandises, or Money, did belong to the States Generall, or any of their Subjects Snbjects (sic) as aforesaid. That they shall be lawfull prize to the said Sir Edmond Turnor, and George Carew, their Executors, Administrators and Assigns as aforesaid, to retain and keep in their or any of af (sic) their Possessions, and to make sale, and dispose thereof in open Markett or howsoever els to their & every of their best Advantage and Benefitt, in as ample manner as any time heretofore hath been accustomed by way of Reprisall, and to have and enjoye the same as lawfull prize, and as their own proper Goods, so that neither Captain/ Master nor any of the Company that shall serve in his owne Person, or shall promote and advance the said enterprise in manner and forme aforesaid, shall in any manner of wise be reputed or challenged for any Offendor against any of Our Laws. And that also it shall be lawfull for all manner or persons as well Our Subjects, as any other to buy the said Ships, Goods and Merchandises so taken, and apprehended by the said Captains, Masters, and others, and adjudged as aforesaid, without any dammage, loss, hinderance, trouble, molestation, or incombrance to befall the said Buyers, or any of them, in as ample and lawfull manner as if the Ships, Goods, Wares, and Merchandise had been come, and gotten by the lawfull Traffique of Merchants, or of just prises in the time of Open Warr. Provided alwayes that all Ships, Goods, and Merchandise taken by virtue of this Our Commission shall be kept in safety, and no part of them wasted, spoiled, or diminished, or the Bulke thereof broken untill Iudgement have first past as aforesaid. That they are the Ships and Merchandises of the States Generall, or some of their Subjects as aforesaid. And if by colour of this Our Commission there shall be taken any Ships, [Page 18] Goods, or Merchandises of any of Our loving Subjects, or the Subjects of any Prince, or State in good League, or Amity with Us (except the States Generall) or their Subjects as aforesaid, & the Goods therein laden, sold, & embezelled, or diminished, or the bulke thereof broken in any Place before they shall be adjudged to belong to the States Generall, or some of their Subjects as aforesaid, That then this Commission shall be of no sufficient Authority to take the said Ships, Goods, & Merchandises, or to warrant, or save harmles such as shall receive buy or intermedle therein, but that both the prises so taken, & the said Ship of Warr, shall be confiscated to Our use. And further We do hereby declare that it is Our will and pleasure, that this Our Commission shall remain in full force and power to all intents and purposes, untill the said Sir Edmond Turnor and George Carew their Executors; Administrators, and Assigns, as aforesaid, shall by vertue thereof have by force of Armes apprehended, taken, seised, recovered recovored (sic) , and received from the said States Generall, or their Subjects, one hundred fifty one thousand six hundred and twelve pounds, according to the appraisement to be made by sufficient Appraisers upon Oath nominated and authorised in Our said Court of Admiralty, of all such Ships, Goods, Wares, and Merchandises, as shall be taken from the said States Generall, or any of their Subjects, by vertue of this Commission, or shall otherwayes receive satisfaction of the Debt aforesaid, by Composition to be made between those of the East-India Company of the Netherlands, and the said Sir Edmond Turnor and George Carew their Executors, Administrators and Assigns as aforesaid; Notwithstanding it so happen, the present difference between Us, and the States Generall depending upon generall Reprisalls may be agreed and composed, and that in the interim a Peace and good Correspondence may be renewed between Us and the said States Generall; In which case nevertheless it's Our will and pleasure, that in the execution of this Our Commission no violence [Page 19] shall be done to the Persons of the said Subjects of the said States Generall, but only in case of resistance, and that after in cold bloud the Subjects of the said States Generall, if hurt or wounded shall be used with all convenient office of humanity & kindess. And further Our wil and pleasure is, that although it shall happen that all hostility between Us, & the States Generall & Our respective Subjects shall cease, yet this Our Comission shall remain, & be in full force & power, to the said Sir Edmond Turnor and George Carew their Executors, Administrators, and Assigns, as aforesaid, by vertue thereof to apprehend, take, and seize by force & Armes, so many more of the said Ships and Goods of the States Generall, or any of their said Subjects, as besides the said summ before-mentioned shall cuntervaile, satisfy, & pay all such Costs and charges as the said Sir Edmond Turnor and George Carew their Executors, Administrators, or Assigns, as aforesaid, shall from time to time make proof to have disbursed & paid towards the equipping, manning, paying, furnishing, & victualing of the said Ships, so licenced and Authorised as aforesaid, by this Our said Commission to be equipped, manned, paid, furnished and victualled by the said Sir Edmond Turnor and George Carew their Executors, Administrators, and Assigns as aforesaid for the purpose aforesaid. And our will and pleasure is, and We do hereby require Our Judge or Judges of Our High Court of Admiralty for the time being, and all other Officers of the tbe (sic) Admiralty, and all other Our Iudge or Iudges, Officers, Ministers, and Subjects whatsoever to be aiding and assisting to the said Sir Edmond Turnor & George Carew, their Executors, Administrators, and Assigns, as aforesaid, in all points in the due Execution of this Our Royall Commission, and to proceed to adjudication and adjudge all Ships, Merchandises, Monyes, and Goods by vertue hereof to be taken according to Our Princely intention hereby signifyed and expressed, and to take care that this Our Royall Commission be duely executed, and favourably inter [Page 20] preted and construed in all respects to the benefit and best advantage of the said Sir Edmond Turnor and George Carew their Executors, Administrators and Assigns, as aforesaid. In witnesse whereof We have caused these Our Letters to be made Patents. Witness Ourself at Westminster the 19. day of May in the 17. Year of Our Reign.

BY THE KING.

TO make a retrospect into all the former proceedings of this case, or to doubt the validity of the grant, after all matters were brought into a solemn Act of Letters Patents under the great Seal of England; were not only to question his Majesties Soveraign Power, and Prerogative Royall in the protection of his Subjects, but to arraign the Judgements and opinions of all the Kings Ministers of State, Judges and publique Persons; that debated this business in Councells, in Treatyes, in Parliament, and inferior Courts of Judicature, before this speciall Comission was granted.

As the King cannot be deceived in his grant, so he cannot do his Subjects any wrong, wherefore in most Pattents the Clause ( quantum in nobis ) is incerted.

It's a maxime in Law that which belongs to another Man cannot be taken from him without his own consent.

In the Year 1639. Sir William Boswell gave a Memoriall to the States Generall in the Kings name to have satisfaction and reparation for the spoils and Dammages done in the East Indies to his Majesties Subjects. And another Memoriall was given at the same time to that purpose in England, unto Mr. Albertus Joachymy the States Ambassador then Resident in ordinary there, unto both which Answers was given, that then could not treate with the King for the Damages done to the East India Company of England, who might question them for the same herafter, so the matter rested in statu quo .

This Pattent was not made underhand as Mr. Pergens (who had no right) made the agreement with the East India Company [Page 21] of the Netherlands. Neither was the Company ignorant of the precedent grants to Sir Edward Littleton and Sr. Paul Pindar before they treated with Mr. Pergens any more then they were of this Patent when they treated at Breda. Yet they had the confidence by advice of Iohn de Wit to frame their Articles rencounter to the Lawes of God and nature, impertinently using the words of mortifying, obliterating, extinguishing, and disannulling all offences, dammages, losses and injuries whatsoever sustained by the Subjects of either side, at any time whatsoever before that treaty: And that all actions, pretentions, and grants whatsoever for the same should be voyde, and for ever renounced, and revoaked, giveing every man liberty to take advantages of his owne wronge, which treaty was soone cancelled by new breaches, and his Majestie lest at liberty as if the treaty at Breda had never bin made.

What is repugnant to reason and Justice is voyde in it selfe, as ( felo de se ) and distructive to all Civill Society and being. Iohn de VVit and his Brother were the first that used the words mortification and extinguishment in any Treaty of State, which God himselfe abhors in such cases, having decreed that the offendor shall restore three fould for what is wrongfully taken, which implyes the dammages sustained for want of that which was taken away from the Persons injured.

Those, two Wits were mortified and extinguished not only for using such Arrogant expressions, but as a just reward to such Persons that indeavored to add force to violence, and fraude to oppression, and treachery to both.

No man will deny but that the King of Great Brittain in diverse cases may suspend the Execution of Law in his own Kingdoms, but in no case can give or take away any mans right without a compensation.

The Hollanders have a great power beyond the Cape Bon Esperance; and have lately had the boldness to affront his Majesty in his own Seas, but to strike at the Laws and Customs of England, threatnes not only his Majesties prerogative, but shakes the very foundation and common Interest of every individuall Subject, which is nearer and dearer to them then their lives and fortunes.

IT's necessary now to shew what Presidents there are in former Treatyes, between the Belgick Provinces and the Crown of England, concerning [Page 22] spoyls, dammages and losses before the seaven United Provinces were a Common-wealth; and since they have been made a Republique.

In the xxix. Article of the Treaty made between King Henry the seaventh, and Philip Duke of Austria and Burgundy concluded at London the 24. of February 1495. it was agreed that all and singular Letters of Reprisall marke and countermarke which were granted by the said Princes or their Predecessors, either out of their high Courts of Chancery or other inferior Courts should be held in suspension without further Execution to be done thereupon nisi super earum meritis habita cognitione indicta, ad hoc per ipsos Principis specialiter deputandum, alitur fuerit ordinatum . So that there was no mortification or extinguishment extiuguishment (sic) of the right, only a suspension of the execution, but yet if there were spetiall matter in the merits of the cause made knowne to the Princes respectively they ordered it otherwise untill satisfaction was given to the parties greeved:

ANd if either of those Princes had had the like occasion given as his Majesty (in this case) they would have entayled a Commission to Eternity if reparation were not found, or the matter composed.

Charles the first (of that name) King of Great Brittain, granted a speciall Commission for Reprisall, under the Great Seal of England, unto Mr. Pawlet on the behalfe of himselfe and other Marchants of London who had sustained losses by the Spanjards to the value of 30000. pounds Sterling in time of Peace; which Commission was to continue untill satisfaction of the debt and Dammages: And at the Treaty concluded betweene the King of Spaine and the King of England at Madrid in the Year 1630. Care was taken by the Spagniards to satisfie the remainder of the debt not recovered by reprize, as appeares by the accounts stated in th' Admiralty and the recorde there of inrolled in the Chancery.

In the xxx. Article of Oliver Cromwels Treaty concluded with the States Generall in the Yeare 1654. which was made in conformity to the Treaty with the Archduke of Austria aforesaid. It was agreed that at the delivery of the Ratefication of the said Treaty foure Commissioners should be nominated on both sides to meete at London the 10. May 1654. to examine and determine all differences and injuries committed from the Year 1611. to the 18. of May 1652. as well in the East Indies, as in Greenland, Muscovia Musoovia (sic) , and Brazill, or in any other place. All the said particulars [Page 23] of losses to be delivered in writing to the said Commissioners before the 18. of May and none after. And that what shall not be concluded within three moneths by the said Commissioners shall be referred to the Protestant Cantons of Switzerland which were to be Arbitrators and to conclude conclnde (sic) the business within six moneths following, the forme of an instrument being bein (sic) agreed upon for that purpose: Nevertheless there was only 80000. pound Sterling paid to th' East India Company of England for the spoyles and Dammages at Amboyna and 3650. Pounds to the widdows and Orphants of the English Factors murthered there.

And in the xxij. Article of the Pyrenean Treaty concluded between France and Spain on the 7. of November 1659. it was agreed that all debts and Dammages contracted before the warre which upon the said day of the Publication of this Treaty shall be found not to have bin actually paid unto others by vertue of Judgements given upon Letters of confiscation or Reprisall shalbe (sic) bona fide satisfied and paid. And upon the demands and persuites that shall be about them, the said Lords and Kings shall give order unto their Officers to render as good and speedy Justice Jnstice (sic) unto the Forraigners as unto their owne Subjects without any distinctions of Persons.

By all which it appears there was no such words Mortification or extinguishment used, or others to barr any mans right of action for any things done or committed before the warre.

In the xb. Article concluded at Whitehall between the King of Great Brittain and the States Generall on the 4. of September 1662. John de Wit and his Faction, insisted and indeavored to have all the Dammages, Spoyles, and depredations in th' East Indies mortified and extinguished to that day, Argueing that the Treaty with Oliver Cromwel and the Treaty betweene Sir George Downing and the East India Company at the Hage in the Year 1659. whereby they paid the further summe of 50000. pounds sterling for the Shipps the Pellican, the Fredrick, Francis & John taken from English Marchants since Olivers Treaty should excuse them for the Dammages they had done to Courten and his Partners Anno 1643. yet nevertheless a particular exception and provision was made in the said 15. Article, that satisfaction should be given for the Ships Bona Esperanza and Henry Bonadventura, according to his Majesties speciall recommendation as aforesaid, being a di [Page 24] stinct matter from all other spoyles and depredations committed by th' East India Company of the Netherlands.

In persuance whereof the two following Yeares being spent in fresh applications and addresses to the States Generall, the States of Holland, the Directors of th' East India Iudia (sic) Company and to severall Participants without effect.

All Circumstances then considered there was one stepp further made in this speciall case, more then was in the Amboyna business to intayle the clayme by Letters Patents for a perpetuall Reprisall untill satisfaction and reparation should be recovered for the debt and Dammages sustained, which if it had not bin granted his Majesty had lessened his owne honor and greatnes, as well as his power and prerogative for the protection of his Subjects in their Just right, as also in assisting them in recoverie of the same.

From whence this Conclusion naturally follows the premises, that there is no Appeale, Manifesto, Treaty Guifte, or reward whatsoever, or any other way or meanes under Heaven to mortifie morfie (sic) , extinguish and discharge the debt and Dammages concerning the Bona Esperanza and Henry Bonadventura, but by satisfaction and reparation given to the persons interessed and injured, whereby a suffitient discharge may be had.

The English-mans RIGHT, &c.

[Note: The Introduction.] [Note: The Reasons why fit men endeavour sometimes to avoid serving on Juries.] [Note: Not sufficient.] [Page 3] [Note: The Antiquity of Trials by Juries.] [Note: Essays made to overthrow Trials by Juries, always unsuccessful, and severely punisht.] [Note: The benefits of being tried by Juries.] [Note: See all this excellently made out, and more at large by the L.C.J. Fortescue, afterwards Chancellor to K. Hen. 6. in his Book, De laudibus Legum Angliæ. cap. 26,27,28, & 29. ] [Note: The office of the Court in Trials.] [Note: How Jurors are judges of Law as well as Fact.] [Page 14] [Note: How far aggravating words, or those of course in Indictments or Informations, are to be regarded.] [Page [22]] [Note: Jurors cannot be Fined or Imprisoned in any case for giving their Verdict according to their Consciences, though contrary to the direction or sense of the Court.] [Note: Juries Office partly Ministerial, partly Judicial.] FINIS.

A TREATISE Concerning Inrollment of DEEDS.

IN the Business in Agitation touching Inrolling of Deeds, These things considerable.

• 1. The Mischief propounded, to be remedied.
• 2. The Remedy to be applyed.

The Mischiefs at present to be remedied are,

• 1. The great Deceit committed by Persons by secret Judgments, Mortgages, Conveyances, and Settlements; whereby Purchasers are oftentimes deceived, and Creditors defeated. And this the more considerable in England, because indeed the great InlandTrade we have, is the Trade of Buying and Selling of Lands, and the great Security that is ordinarily given to Creditors and Lenders of Money is by Security of Land.
• 2. The Multitude of chargeable and difficult Suits in Law, occasioned by Preconveyances, secret Mortgages and other Incumbrances, which proba [Page 2] bly would be avoided and lessened, if all Mens Estates lay open to the View of others.

The Remedy propounded is, by an Office of Inrollment, or Registry of Conveyances.

In this, as in all other Applications of Remedies to any Mischiefs, these things must be considered.

• 1. How and by what means the Remedy may be commensurate to the Mischief?
• 2. Whether the Remedy or the Application thereof in such manner as it may be commensurate to the Mischief, be feasible or not?
• 3. Admit it be, Then what Inconveniencies may otherwise be introduced by the Application of the Remedy.
  • 1. If the Inconveniencies introduced by it be greater than the Benefit it gives, the Remedy is to be rejected.
  • 2. If the Inconveniencies thereby occasioned be over-weighed by the Benefit, Then it may be Entertained.

But with due Consideration or Provision that those Inconveniencies introduced by the Remedy, may with as much Prudence as may be, be obviated, prevented, removed, or very much allayed by suitable Provisions against them.

The first of these Considerations, namely the Application of the Remedy in a due Commensurateness, to the Mischief, must needs be by taking Care that there be no Room or Inlet for any such Deceit by secret Conveyances or Incumbrances of Estates: For if any one Leak be left unstopt, the Vessel will sink as well as if more were open. And if any one Device be left unprovided for, thither will fraudulent Persons [Page 3] betake themselves, and get out of the Remedy intended.

Therefore,

• 1. All Judgments, Statutes, and Recognizances, must lye open to view, either by Inrolling or Registring them, because those charge Lands.
• [Note: Trusts.] 2. All Trusts touching Estates must be Inrolled or Registred, for now by the Power of Courts of Equity, these do charge Lands, and sometimes in the hands of the Fourth or Fifth Purchasor, if there be proof of notice.
• 3. All Mortgages, as well forfeited as not forfeited, Defeazances in Nature of Mortgages, must be Inrolled.
• 4. All Powers of Revocation and limitting of new Uses, Powers of Letting or Charging Estates, must be Registred or Inrolled; for these may alter the Title of Lands, and are sometimes contained in distinct Deeds, from the Deed whereby the Estate is setled.
• 5. All Declarations of Uses and Trusts upon Fines, Recoveries, and other Assurances.
• 6. All Grants of Rents, Commons, Profits, all Conditions and Reservations of Rents.
• 7. All Leases, for Years or Lives, made by any Person either with Rent, or without it.
• 8. In brief, All Feoffments, Grants, Releases, Confirmations, Wills, Forfeitures, Escheats, Commons, or whatsoever other Estate or Interest in them.

For if any of these be not Inrolled or Registred, or some way rendred open to the view of every Person, a Man may be cheated or deceived. And what is odds, whether a Man be deceived by a secret Mortgage or Judgment? or by a secret Lease for Lives or Years, or by a secret Settlement, or Devise or Will? And all these must be secret to him that hath no ready means to discover them: The Remedy whereof is designed in this publick Registry.

And yet further, If the Remedy be intended as large as the Disease, this Registry must not only look forward, but it must look backward, (viz.) That all Estates and Incumbrances now in Being, as well as those that shall be hereafter, must be laid open to the View, otherewise the Provision is not commensurate, there being in all probability a Stock of latent Incumbrances and Charges upon Lands, which may serve at least to deceive and cheat this present Age, and the next also. Therefore unless there be some Notification of present Incumbrances as well as future, we but lay up a Security, that it may be of use an Hundred Years hence, and leave the present and intervening Ages in as bad, if not worse Condition, than we find them.

Therefore a Remedy commensurate to the Mischief must needs provide for the Registring all E [Page 5] states and Interests, and Charges of Lands, and that as well for the time past, as time to come; otherwise the Plaister is too narrow for the Sore.

2. The second Consideration is, Whether this be possible to be done? Indeed it is a fine thing in the Theory and Speculation, and a Man that fixeth his Thoughts upon the good that might come by such an Expedient, without troubling himself with the Difficulties that lie in the way to it, may drive it on very earnestly; but he that shall consider the Difficulty of it, will easily see that it is but a Notion and Speculation, and cannot be effected or reduced into practice, at least not without immense Confusion.

The Difficulties that attend this Design, are either such as relate to the Inrolling of Estates now in Being; or secondly, The Inrolling of Estates hereafter to made or granted; or Thirdly, Such Difficulties as relate to both.

[Note: Liberty. Penalty.] 1. The Difficulties that attend the Inrolling of Estates now in Being, or past, these seem insuperable. In order to the discovery hereof, we must suppose, that either every Man shall be at Liberty to Inroll or Register his Estate, or it must be under his Penalty, that if he fail herein, he must lose his Estate. If we suppose the former, then every Man is still at Liberty, as he was before, and nothing is effected by it.

If the Latter, (viz) That he shall lose if he do not Inroll the Estate he hath, or which is all one, it shall be in the power of him that Inrolls a Subse [Page 6] quent Title to make the former, not Inrolled, void; Then either that Inrollment or Registry must be barely of his Claim, or some Abstract of his Title; or he must Inroll the Tenor of the Deed, or Evidence by which he Claims.

If we shall suppose the former, then these things will be Considerable. [Note: Mistakes.] First, What if he doth in some things mistake his Claim? It may be, he thinks he has an Estate in Fee-Simple, when it is but in Tail, It may be an Estate Absolute, when it is Conditional; [Note: Abstracts.] Certainly he that Claims by an Abstract, had need of a very good Counsel at his Elbow, to give him sound and uncontroulable Advice, in drawing it up; otherwise he that hath a good Title may lose it for want of a right Abstract of his Title by which he Claims. Surely therefore every Man that hath a good Title, and can possibly come by the Deed or Evidence by which he Claims it, will Inroll his Deed at large, for fear he should omit any thing essential to his Title. [Note: Deed at large.] Secondly, Or else it is intended, that though he mistake his Title, yet if he enter as much as he thinks fit, it shall be sufficient to preserve his Estate. And if this be intended, the whole design of Registring and Inrolling will End in a publick Deceit and Insecurity, when perchance in the Event, the Estate or Interest Claimed, doth materially and substantially vary from what is Registred. [Note: Claims entred.] Thirdly, Again, if such an uncertain Claim shall be allowed, not made good by Deeds or Evidences, this Office will breed more Disturbance in many Estates, than any imaginable Deceits or Frauds besides can equal: [Note: Suits increased.] For any Man shall at a venture make what Claims, and [Page 7] set up what Pretences he pleases to any Mans Estate in England, and shall be admitted to Enrol them in the Registry, and the Person injured shall be either remediless, or driven to more Suits and Expences, to vindicate his Title, than now he is necessitated unto, to discover a Fraud in a Seller.

This being the State of the Business in relation to Inrolling of things past; there follows next, those Difficulties that render the Design either Impossible or Fruitless.

1. Many Persons that have Titles, have them by Livery without Deed, or cannot bring the Deed to the Office to be Registred, or Inrolled, because the Deed it self is not, nor by Law cannot be in their [Page 8] Custody, at least de facto is not in their Custody: [Note: Remainders.] [Note: Wills.] as they that Claim Remainders where the Custody of the Deed belongs to others, those that Claim by Wills, either concealed, or in the Hands of Executors, and many have lost their Deeds in the late Troubles, and to compel Possessors, especially Purchasors of Lands, to discover the Deeds, which possibly they have for the Security of their Title, or to discover the defects of their own Assurances to make others Mens Title appear; and this under a Penalty or Action were an unreasonable thing, and would create a general insecurity of Purchasors. [Note: Purchasors.]

If (44 Eliz.) A. Conveyed his Land to B. and 12. Ja. 1. B. Conveyed it to C. and 3. Car. 1. C. conveyed it to D. and 20. Ca. 2. D. Conveyed it to E. must all these Conveyances be Inrolled or only the last? [Note: Mean Conveyances.] If all must be Inrolled, then if any one Mans Conveyance be omitted, suppose it from A. to B. then the omission of the Inrollment thereof, will give a Title to A. or his Heir, to make a Claim to this Land, if only that from the last Seller, then is the Purchaser in the Dark still, what Estates were in the antecedent Owners, and how Derived, and so the Design ineffectual to the end proposed.

3. If all the mean Conyeyances of Mens Estate, should be Inrolled, Westminster-Hall would not hold the Inrollments, and the Charge thereof would be above two Millions of Money; nay, if we should suppose the present Estates of the present Owners of Lands in any considerable County, were to be Inrolled, the Charge would be intollerable, and the [Page 9] Bulk it self would be utterly useless: Suppose in London, 20000. Houses, and each House to have but two Titles, that is, that of the Owners of the Inheritance, and that of the present Lessee, (tho' some have many more concurrent and coincident Titles to recompence those that may have possibly less) this would bring to the Inrollment Office 40000. Deeds, the Inrollment of every Deed at least 10s. would produce 20000 Pound and about 200. Volumes of Velum Books, which would take up the Imployment of many Clerks, and when the work was done, the Volumes too vast and numerous to be made use of; and what would be done then with the many Leases of Western Mannors, which yet have many under Titles derived under them?

4. But how shall these Deeds come to be Inrolled? he that made them perchance is Dead, or at lest will not come to acknowledge it, and if every Man that brings a Deed should have it Inrolled without acknowledging it by him that made it, any forged Deed may be Inrolled, and Men in a little while, may lose their Estates, by the Countenance that a forged Deed shall receive, by being Inrolled among the publick Records of the Office; for the Officer can never examine the Truth or Reality of the Deed, or if he could, it would not be reasonable that Mens Estates should depend upon the Judgment of any Ignorant Clerk, or Officer.

2. (sic) As for the Inrollment of all Conveyances and Deeds for the time to come, this labours under great Difficulties also, though not so many and so [Page 10] great as the Inrollment of things past; [Note: Acknowledgment.] because here the Persons that make the Deed may possibly come to acknowledge them before some Persons publickly intrusted, as two Justices of the Peace, or the Master of the Office; yet this has also great Difficulties.

• 1. Many Mens Estates are by Will, where the Proprietors of the Estates have not the Custody of the Will to produce.
• [Note: Wills.] 2. How shall the Officer before whom the Will is produced, if it be produced, know whether the Will be true or forced, or revoked? since the Devisor is now Dead, that made it; and surely it can't be intended that every Man that makes his Will of Land shall Inroll it in his Life-time, since he may often change, revoke, and alter it.
• [Note: Trusts.] 3. Although it is a very great Inconvenience and fit to be remedied by Act of Parliament, that many times in Courts of Equity, Trusts are averred without and contrary to Deed, yet certainly so long as that Usage is allowed, all Trusts of Estates cannot be Inrolled because they be oftentimes in Averment and Proof without Writing, and so do oftentimes the uses of Fines, which as yet have influence into the Estates of most Men, and yet as the Law now stands are averrable without Deed. [Note: See Act of Fraud and Perjuries.]
• 4. The Charge of Inrollment of all Incumbrances and Estates of Land, even for the future will, [Page 11] in the space of few Years, grow vast, and the Registry or Inrollment-Office will grow so Voluminary in seven or eight years in most Countries, that they will become useless and unmanageable to the Ends propounded, as would easily appear upon a Medium or Estimate of the Estates, Conveyances Conveyces (sic) , Leases, Judgments, and other Incumbrances that grow up in one County, in one Year.

3. These Difficulties that are common both to Inrollment of things past, and to come, are principally these:

• [Note: Ubi. ] 1. The Place where this Registry shall be kept, if in London; all Men must come up thither to Inroll their Deeds, which will be intollerable: If in the Countries where the Lands lye, then London being the Great Center of Buying and Selling, a Man that deals here at London, must be forced to send into Cornwall or Northumberland, to search the Registry there.
  [Note: Several Counties.] Again, What shall be done, where one Conveyance comprizeth Lands in several Counties? or where a Man, having Lands in several Countries, Acknowledgeth a Judgment or Statute, shall this be Registred in every County? And if it shall, how shall the Commissioners know all the Counties where his Land lieth? and how shall the Deed in one [Page 12] County be transmitted to another, or must it be acknowledged in every several County, and by the Party there Inrolled?
• [Note: Judgments. &c. ] 2. Again, How shall Judgments that Charge Lands or Statutes, Merchant, or the Staple, be authentickly Registred in every County? and what Warrant shall be sufficient for it, especially since there be so many Courts of Record in England, wherein Judgments given, will charge Lands in other Counties, as in the Courts at Westminster, the Courts of Grand-Sessions, &c.

So that as to Estates and Incumbrances already before this time created, the propounded Register seems utterly impossible and unpractical: [Note: Compulsion.] As to Estates and Incumbrances for the time to come, tho' more practical, yet very difficult, cumbersome and chargeable, and scarce applicable to the End designed, if it be compulsary upon all to do it.

3. As to the Inconveniencies, I shall mention some, and of those, some applicable to both Proposals, both of Registring things past, and to come, tho' far greater in relation to the time past.

• 1. Whereas many Men perchance, for many years have quietly enjoyed their Estates, although perchance some little Defects there might be in their Evidences, as for want of some Ceremonies, Circumstances or Words: Now by Inrolling of these Deeds, [Page 13] these Defects will be exposed to the View, Observation and Search, and Discovery of others; whereby busie Projectors will be picking holes in the Titles and Estates of many Men, which are now quiet and at rest. [Note: Suites multiplied.] This will discover the Flaws and Defects of all Mens Assurances, and multiply Suits and Questions.
• 2. Whereas it many times moves great Distempers in Families, when Children shall see and know how their Parents dispose of their Estates among them in their Life-time. This Course will force the Father to Enroll all his Settlements, whereby all his Intentions will be discovered in his Life-time, which may breed great Unquietness and Animosity; or otherwise, it will put it in the Power of the Heir if the Deed be not Inrolled, to sell the Land, and so defeat all his younger Brothers and Sisters.
• 3. Whereas some are desirous that the Greatness of their Estates may not be known, to expose them to Envy and Detraction; Others are desirous that the Weakness of their Estates may not be known, to expose them to Contempt or Question. This Registring of Men's Estates and Interests, disappoints both, even where there is not occasion for a Purchasor to be concerned, nor any Design of Fraud in either.
• [Note: Charges and Mischiefs.] 4. It is worth Enquiry, whether the Prospect of this Business is not so much to remedy old Inconveniencies, as to introduce new, by Erection of new Offices and new Officers, Salaries, Fees, which [Page 14] will bring in an excessive Charge upon the People, and is always accompanied with further Exactions; sometimes for Expedition, sometimes for preference of one Man's Inrollment before another, which will certainly be found together with great Delays, especially where the Business of the Office is like to be very great.

[Note: Against Compulsion.] Upon the whole matter, I think that the Compulsion of every Man to Inroll or Register his Writings and Evidences of his Land, whether past, or future, under any Penalty, is unpractical, and utterly inconvenient and dangerous to Men's Estates.

And now if it be Objected, That these Difficulties and Inconveniencies be but imaginable, or easily superable by prudent Provisions, and all the Inconveniencies objected, may be in like manner remedied, since we daily see in Copyhold Mannors, and in some great Precincts, as for Instance, in Taunton Mannor, all Men's Estates are Inrolled, or so Registred, that it prevents all possible Fraud by Preconveyances, and hath brought great Quiet and Security to Men's Estates, without the least Sence of any of the objected Difficulties or Inconveniencies.

I Answer.

• 1. That the Cases are not alike Inrollments of Copies of Court-Roll, or within a private Mannor serves but a small Precinct, but the thing in proposal intended for a great Kingdom.
• 2. There it hath been long since begun, and so hath been carryed down in Succession of Time, and rendered Familiar, and Custom and Usage hath accomodated the Practice: But if it were now to be begun, and take in, especially all former Estates, it would be very difficult to be put in ure, even in a considerable Mannor or Burrough; much more in a great Kingdom.

It is true, That if all Conveyances of Lands were for the time to come Registred, it would in process of time do much good, and prevent many Suits and Frauds, tho' perchance the present Age may not find the Advantage of it. [Note: 27. H. 8.] And certainly, it was the great Design of the Statute of the 27. H. 8. of Inrollments to have brought up that Method of Assurances, and had it been pursued, it had before this time been brought to great Perfection, and done much of that Good which is now intended by it.

But to make the Design at this day Practical and Useful, these things must be observed.

• 1. In reference to Deeds of all sorts.
• 2. In reference to Wills.
• 3. In reference to Judgments, Statutes and Recognizances.

[Page 16]

1. Therefore in relation to Deeds, these things are necessary to make the Design Practical and Useful.

• [Note: Act of Frauds.] 1. That it be Enacted that no Estate pass from Man to Man (by Act executed in Lifetime, other than by last Will) for above Years, without Deed
• 2. That no Use or Trust of any Estate be raised, but by Deed expressing the same.
• [Note: Words to mean more.] 3. That to prevent the extream length of Covenants in Deeds, there be thought of certain Words that may carry in them the Strength of Covenants or Warranty's; As for Instance, [ Dedi , or Give,] to include a Warranty and Covenant against all Men, and also for further Assurance, [Grant] to include a Warranty and Covenant against the Party, and all Claiming under him, and for further Assurance within Seven Years, [Deliver] to include a Warranty and Covenant against the Party and his Ancestors, and all Claiming under that, and for further Assurance, within seven Years; and divers Instances of this kind might be contrived by short Words to include Large Sentences: Thus it was done by the Statute of Bigamis, and this would shorten Deeds, and abridge their Charge of Enrolling. [Note: Stat. of Bigamis.]
• [Note: Feme Coverts.] 4. That all Deeds to be Inrolled be Acknowledged before a Judge of WestminsterHall, Master of the Chancery, as now; or before two Justices of the Peace in the County, and they to have Power to examine Feme Coverts to prevent the Charge of Travel, and of Commissions to take Acknowledgments.
• 5. That all such Deeds as are to be Inrolled, be Inrolled either in the Courts at Westminster, or in the Counties, before the Clerk of the Peace of that County where the Land lies, or in Cities, according to the Stat. of 27. H. 8.
  [Note: Offices.] This will prevent the needless multiplying of new Offices, and the gaping of People after them, and perform the Business according to the known and settled Usage already Established by Law, without introducing Novelties more than need.
• [Note: Inrollment at Westminster.] 6. That if the Land lye in several Counties, the Inrollment at the Courts at Westminster to suffice: If Inrolled in one County, it may be sufficient for the rest, only a short Abstract or Certificate thereof to be sent at the desire of the Party to the Clerk of the Peace, of the other Counties, subscribed by him, to be Entred with the Clerk of the Peace of the other Counties where the Lands lie.
• [Note: Time when.] 7. That no Deed be Inrolled after Months, from the time of the Caption.
• [Note: Relations.] 8. That the Relation of the Inrollment of Deeds to bind or prevent mean Incumbrances, relate only to the time of the Caption at farthest.
• 9. That twice in every Year at least, there be transmitted from the Office of Inrollments in Chancery, Abstracts or Certificates of Inrollments to the several Clerks of the Peace of those respective Counties where the Lands lie, under Seal, and so from the Clerks of the Peace of the several Counties, to the Clerk of the Inrollments in Chancery, that they may be reciprocally Entred: [Note: Pecuniary Penalty.] This to be done under a pecuniary Penalty, but not to invalid the Inrollments.
• [Note: Fees.] 10. That some settled easie Fees may be Established by Act of Parliament, for the Caption, Inrollment, and Certificates.
• 11. That no Penalty lye upon any Party for not Inrolling his Deeds, farther than by Law is Established already, but only by Act of Parliament, a considerable Advantage to him that Inrolls. This will invite Men to do it voluntarily, and in a little time will carry the greatest Course of Assurance in this Method, without any Grievance or Inconvenience.

• 12. That the Advantages propounded be such as these:

  • [Note: Common Recoveries, and Fines.] 1. That whatsoever Estate, Reversion, Remainder, or Contingent Remainder, or Uses, a Man may barr, by Fine or Common Recovery, with single or double Voucher, he may barr by a Deed enrolled; except as to the Point of Nonclaimes, Provision for Infants and Ideots.
  • 2.That a Deed Inrolled may supply the defect of Livery and Seisin, and Attournment: But not as to forfeiture of the Estate of him that makes it. This is partly done already by Law.
  • [Note: Uses on Deed enroll'd.] 3. That Uses may be as well created and executed upon a Deed Inrolled, as upon a Fine or Feoffment, or Release.

It is True, That by those Advantages, and some others that may be added, most of the Assurances in England will run this way; and thereby,

• 1. The Offices of Clerks of the Peace, and Inrollments in Chancery will grow to be great and beneficial Offices.
• 2. The Offices relating to Fines and Recoveries, will sink very Low, as the Prothonotaries, the Chyrographers, Custos brevium , Clerk of the King's Silver, Clerk of the Inrollments, [Page 20] and the Practice of many Clerks that usually deal in Fines and Recoveries.
• 3. The King's Fines upon Originals, and the Commissioners for the Composition of PostFines, will decay in time; which will be a Loss to the King; The Keeper of the Great Seal, the Master of the Rolls, and Cursitors, and Lords of Liberties.

But to this I say,

• 1. The swelling of these Offices may be corrected to the publick Benefit, by making the Rates of their Fees lower.
• 2. The Offices, that will by this means be impaired, may be considered, if it be thought fit, by some Allowances out of the Offices of Inrolments, though the Officers of the Court of Wards found no such Provision for them: [Note: CommonPleas.] And if some Counties were alloted to the Common-Pleas for Inrollments, that might easily be applied, and distributed so as to countervail the Loss.
• 3. The Loss of Fines, and Post-Fines, may be abundantly recompenced by a very small Allowance upon every Deed inrolled; and yet the Subject be a Gainer by it.

And as these small Difficulties may be easily recovered, so these great Conveniencies would ensue.

[Page 21]

• 1. No Man would be compelled to Inroll his Deeds, and yet every Man might take the Advantage of it that pleased.
• 2. The old Course of Fines and Recoveries, not taken away, but left for every Man to use that would, though a cheaper and readier Course of Assurances be substituted.
• [Note: Vacation time.] 3. Whereas now no Fine, or Recovery can be had in Vacation time, whereby many Men, before they can settle their Lands by this means, Entailes and Feme Coverts may be barred, and settle their Estates as they have occasion.
• 4. It would take away the Charges of Travel to London, by Persons living remote; the Charges of Commissions, Dedimus potestatem , Warrants of Attorney, and all those incident Charges of Fines and Recoveries: [Note: Cheapness.] So that a Man that is necessitated to sell his Land, though it be but an Acre, cannot do it, by Fine or Recovery, under Fifty Shillings, may be able, by this means, to perfect his Assurance for Ten Shillings.
• 5. It will, in few Years, carry the whole Track and Current of Assurances in a way that may be open to all Men, and yet without Compulsion to any.
• 6. It will prevent those many Defects in Assurances by Fines and Recovery; which consisting of so many Parts, and passing through so many Hands, are subject oftentimes to be Reversed: It may be, for the Loss or Mistake of an Original Writ, or some Defect. And thus far for Inrolling of Deeds.

2. Touching Judgments and Statutes. [Note: 27. Eliz. ] The Statute of 27. Eliz. hath provided in a good Measure for the Inrolling of Statutes: But as for Judgments it is a Business of great difficulty how to Inroll them especially because it cannot.

• 1. Be readily known where the Party lives, or where his Land lies by the Ministers of that Court where the Judgment is given, and so it will be difficult to transmit the same into the Countries where the Land lies.
• 2. If that were all known, yet it might be hard that a Copy of a Judgment, in Paper, should be a sufficient Warrant to enter it with the Clerk of the Peace in the County.

But all the way that seems to be practical in this kind, were for the Clerks of the several great Courts, to extract out of the Rolls, the Abstracts of the Recognizances and Judgments, for four or five Years past, or more; and also for the time to come, as they are entred, and to digest them in Alphabet, according to the Surname of him that acknowledgeth [Page 23] them, &c. and so to preserve them for publick Inspection, this might be easily done, and a Salary or Fee setled by Act of Parliament for the respective Offices employed therein. Only there are these Inconveniences which must be remedied.

• 1. The Retrospect of a Judgment to the beginning of a Term, though acknowledged, it may be, long after.
• 2. The late Inrollment of Judgments confessed, so that there is little appears of Record, but only in private Remembrancers.
• 3. The keeping of Paper Recognizances acknowledged in Courts for many Days and some Months, without Inrolling them as they ought, and yet by relation to the time of the Caption, many times over-reach Men's Purchases and Securities: These might be remedied by the Orders of several Courts without an Act of Parliament, if strictly enjoyned and observed, though a short Act would easily make the Remedy universal.

3. And lastly, Touching Wills, the Difficulty will be very great to put them into better Order, than they are at present, abating some few things.

[Page 24]

For the Devisor himself must not Inroll his Will, for the Reasons before given, and especially for that it is alterable every Hour, and many times made in Extremity, when there can be no authentick Officer to Receive or Attest it.

And when he is Dead, the Will comes to the Hands of the Executors, and it may be controvertible, and if the Entry then of it by an Executor, or one that pretends to it, should render it Authentick, it may prejudice the Just Right of others.

And on the other side, oftentimes the Devisee of Lands hath not the Custody of the Will, and it would be unreasonable that the Executor's Neglect should prejudice the Devisee's Interest.

I know not how the Case of Wills can be made much safer or better than it is, at least unless the Insinuation thereof were under the Examination of Temporal Courts; but that perchance would be thought too great a Charge.

[Note: Stat. Fraud.] Only it were well, if some greater Solemnity were required by Law in Wills, whereby Lands are devised; for ever since the Stat. of 34. H. 8. more Questions, not only of Law, touching the Construction of [Page 25] Wills, but also of Fact, arise, than in any five General Titles or Concerns of Lands besides. As, Whether a Will were made or not? Whether revoked or not? Whether the Party that made it were of a disposing Memory, or not? which multiplies Suits, and makes great Uncertainties.

[Note: London Burnt.] But an Act may be necessary to prefix a Time and Order for Claims to burned Houses in London, and a Judicatory settled for the determining thereof summarily; because otherwise, possibly Latent Incumbrances may arise upon those that have been at great Charges in Building.

But it were far better, that there might be an Act to quiet the Enjoyment of those that have built according to the Degrees, and under the Rules already decreed, because their Charge hath made the Improvement, and saved it from the Forfeiture which would otherwise have happened; therefore no Reason their Possession should be disturbed. And besides, all Persons that had any pretence of Claim, either have made it, and their Claims examined by a publick Judicatory, or might have done in so long a space, which they have neglected, and it hath been their own faults.

[Page 26]

Therefore this Case touching the burned Houses being particular, in a particular Precinct, and thus circumstantiated, will not make any Parallel Case to Universal Registers.

FINIS. [Page 1]

Table of contents

• The INTRODUCTION.

To His ROYAL HIGHNESS, &c.

The Humble Petition of Charles Hore.

Sheweth,

THAT there coming to Your Petitioners Knowledge, considerable Frauds, and Mismanagements in the Victualling of Her Majesty's Navy, by which the Health and Lives of the Seamen are in Danger, and any Expedition of the greatest Consequence, may thereby miscarry.

That without a speedy and direct Inspection into the Matter of Fact it will be impossible to detect all the Abuses complain'd of; Or prevent the dangerous Effects of passing over a Matter of this Importance to Her Majesty's Service; Your Petitioner being ready and able by sufficient Evidence to prove his Charge.

Therefore most humbly Prays, Your Royal Highness, will please to order than an immediate Survey of the Provisions for the Fleet be made by proper and fitting Persons, who have no Dependence on the Navy or Victualling Office, and make Report to Your Royal Highness of the State of the Victualling: And that Your Petitioner may have Your Royal Highness's Protection for his Witnesses, till heard; a List of whose Names he is ready to deliver, they being daily threatned to be Prest into the Service, in order to stifle this Complaint.

Febr. 3. 1702/3.
And Your Petitioner shall, &c.

After the Delivery of the above Petition, the following Letter was sent to Hore.

Admiralty Office, Feb. 8. 1702/3.

Mr. Hore,

YOU will herewith receive the Prince his Directions for the several Persons to attend his Councel on Wednesday Morning next, who you intend to make use of, to Prove what you have Alledged, relating to the Naval Provisions. I am

Your humble Servant,

J. Burchet.

Admiralty Office, the 11th of Feb. 1702/3.

Sir,

SIR Cloudesly Shovel, and Sir Richard Haddock, having appointed to Morrow Morning to begin to Survey the Sea-Provisions and the Victualling Office; and desiring therefore that you may attend them with such Persons as you shall judge most proper, in regard [Page 3] there is a Necessity to send the Provisions down to the Fleet with all the Dispatch that may be, I give you this Notice thereof, that you may order Matters so as to be able to attend those Gentlemen to morrow morning accordingly. I am

Your humble Servant,

J. Burchet.

Mr. Hore received this at 6 at Night.

The following Letter was sent in Answer to the former.

Right Honourable,

I have spoken to Mr. Cock, Mr. Gibson, and Mr. Tutchin, in Relation to the Survey of Her Majesty's Provisions, appointed by Order of His Royal Highness; and I find them all unwilling to go in that Service, unless they know their Business, and are impower'd by His Royal Highness to act in that Affair; an immediate Survey being necessary in this Affair, I beg Your Honours speedy Resolution, and Answer herein, who am,

Right Honourable,

Your most Humble Servant,

Charles Hore.

Feb. 15 1702/3.

To this Letter Hore received the following Answer.

Admiralty Office, the 15th of Feb. 1702/3.

Mr. Hore,

YOUR Letter was this Morning read to the Councel to His Royal Highness, by whose Directions I am to acquaint you, that Sir Cloudesly Shovel, and the rest of the Gentlemen, who are appointed to Survey the Naval-Provisions, upon the Complaint you lately made, are particularly directed to admit not only your self to the said Survey, but all such Persons as you shall judge necessary in Order to the making out your Charge. And therefore if Mr. Tutchin, Mr. Gibson, and any other will voluntarily accompany you on this Service, they will certainly meet with Assistance and Countenance: But the Councel do not think themselves impowered to oblige them to do it. I am

Sir,

Your Humble Servant,

J. Burchet.

Right Honourable,

I Received a Letter just now from Mr. Burchett, wherein he says your Honours are not Impowered to Oblige my Friends to go on the Survey; which I knew before; but my Friends are willing to go, and only want his Royal Highnesses Commission, which I leave to your Honours Consideration. I am,

Right Honourable,

Your humble Servant,

Charles Hore.

February 15. 1703.

Admiralty Office, the 17th of Feb. 1702/3.

Mr. Hore,

HIS Royal Highness having appointed some particular Business on Wednesday Morning next, I send you this Notice thereof, and am to desire that your self, and Witnesses, will attend the Prince's Council this Afternoon, about Five a Clock.

I am
Your humble Servant,

J. Burchet.

The 18th of February, the said Hore attended his Royal Highnesses Council, with his Witnesses, and as many of them as their Honours thought necessary, were Examin'd, but they not being Examin'd upon Oath, the said Hore desir'd that Affidavits might be taken of their several Depositions, which was Granted by the Council, and are as followeth.

[Page 4]

Middlesex and Westminster.

The Information of Richard Parrot, of Swedeland Court, upon Tower-Hill, near the Victualling Office, Butcher, taken upon Oath before me, one of Her Majesty's Justices of the Peace for the said County and Liberty.

Sweareth,

THAT from Bartholemew Tide 1701. to January following, this Informant was Imployed by the Purveyors, Mr. Wright of Mile-End, and Mr. Nunnery, to Kill Oxen and Hogs in Her Majesty's Victualling Office upon Tower-hill, in which said time this Informant Kill'd a very great number of Measled Hogs, which he carried to the Cutting House, where he saw them Weighed for the Sea Service; and as he verily Believes, were Cut, Salted, and Pack'd up for the same Service; and this Informant Deposeth, that in the same time there were several Dead Hogs brought into the aforesaid Office, which this Informant helped to Dress, and particularly one Night this Informant helped to Dress Seventeen, most part of which said Hogs Stunk so much, that this Informant was scarce able to Dress them, which he helped to carry to the Cutting House, where he saw them Weighed for the Sea-Service; and as this Informant verily believes, were cut, salted, and pack'd for the same Service; And this Informant further deposeth, that he was imployed as a Cutter from the said Month of Jan. 1701. till the middle of Novemb. last, in which said time this Informant did cut a great Number of measled Hogs, and Hogs that were brought in dead that stunk, which he saw salted and pack'd up for the Sea-Service. And this Informant further deposeth, that within the last mention'd Jan. 1701. to the middle of Novemb. following, Paul Dewy, Randal Rench, Thomas Winfield, John Misson, and William Ravenscroft, Master Butchers, came in the Name of Mr. Crawley Head Clark of the Cutting-House, very frequently for the best part of the Hogs and Oxen, which they themselves cut off, and carry'd away, and at divers other times commanded this Informant and other Cutters to cut off for them, which they carry'd away; some parts whereof were put in their Aprons, and other parts in their Breeches. And this Informant further deposeth, that it was the constant Custom of most of the Butchers and Salters that were imploy'd in the aforesaid Offices, during the time this Informant was there, to cut several pieces of Beef and Pork, which they carry'd away, and as he verily believes for their own use. And this Informant further deposeth, That he hath seen William Lawes, belonging to the Pickle-Yard in the aforesaid Office, several times to take and carry away several Mess-pieces of Pork, when they were packing of them up, and hath afterwards seen such like pieces Roasting in the aforesaid Lawes Kitchen, which he believes to be the same that he saw him take and carry away. And this Informant hath seen Mr. Tompian, who sells Brandy near the said Office, several times come to the said Cutting-House, and take and carry away with him several Mess-pieces of Pork. And this Deponant further deposeth, That one Thomas Lamb, Servant to William Wright Esq.; one of the present Commissioners for Victualling Her Majesty's Navy, came in his Masters Name, to the CuttingHouse for a Mess-piece of a Rump of Beef; which he had, and carry'd away. And this Informant further deposeth, That the aforesaid Paul Dewy, for encouraging this Informant to cut measled and stinking Hogs, that they might not be discovered, hath very often had given him (by the said Paul Dewy) Hog's-heads, Herslets and Tayls. And this Informant further saith not.

Subscribed

Richard Parrot.

Jurat. 11. die Febr. 1702.
Coram me Rich. Rider. Vera Copia.

Middlesex and Westminster.

The Information of Thomas Mattocks at the White Lyon on Little Tower-Hill, in the Parish of Aldgate, London, taken upon Oath before me Richard Rider one of Her Majesty's Justices of the Peace for the said County and Liberty.

Sweareth,

THAT from about the beginning of October last, till the seventeenth Day of December following, this Informant was employ'd as a Salter in the Cutting-House, in the Victualling Office upon Tower-Hill. In which time this Informant deposeth there were several measled Hogs, and stinking Hogs, cut, salted, and packt up for Her Majesty's Service at Sea; which said Hogs were cut up by Thomas Dadly, and John Footing: Salted and packt up by several others. And that the best parts of several wholesome Hogs, and Oxen were taken away, and the Remaining part was cut and packt up for the Sea-Service, which said best parts at several times were carry'd away by John Bull, and John Hoskins, Salters, and George Price an Helper to the said Salters, Thomas Winfield, William Ravenscroft, and Paul Dewy, Butchers, and Randal Rench another Salter.

And this Informant further deposeth, That betwixt the Sixteenth of July last, and the beginning of October following, one Jeremiah Eaton came in the Name of William Wright, Esq; one of the present Commissioners for Victualling Her Majesty's Navy, for four Mess-pieces of Beef, and four Mess-pieces of Pork, which were delivered to him, and he carry'd them away; all which Pieces aforesaid, were taken away after they were weighed to the Queen.

Subscribed,

Tho. Mattocks.

Jurat. 10. die Febr. 1702. Coram me
Rich. Rider. Vera Copia

[Page 5]

Middlesex and Westminster.

The Information of John Weaver of St. Johns-street, in the Parish of St. Sepulchers in the said County, Butcher. Taken upon Oath before me one of Her Majesty's Justices for the said County and Liberty.

Sweareth,

THAT from Aug. 1701, to about Easter following, this Informant was imploy'd as a Butcher, both in the Slaughter-House and in the Scalding-House, in Her Majesty's Victualling Office upon Tower-Hill, between which said times, there were a considerable Number of measled Hogs kill'd, and as he verily believes were cut, salted, and pack'd up for Her Majesty's Service at Sea, because he saw them weighed to the King. And this Informant further deposeth that during the said time, several Hogs were brought in Dead, and several others alive, and died there, which were drest by this Informant, by Order, they not being sweet. And further deposeth, That he hath seen several Hams of Pork cut out and carry'd away: But by whose Order this Informant knows not. And that from the latter end of August last past, to the latter end of October following, This Informant was imploy'd as aforesaid, in which time there were a considerable Number of Hogs kill'd that were measled, which said Hogs were weighed to the Queen; and as this Informant verily believes, were cut, salted, and pak'd up for Her Majesty's Service at Sea.

And this Informant further deposeth, That Paul Dewy, one of the Master Butchers under the Purveyor, gave this Informant Directions, that when he carry'd a Measled Hog to be weighed at the Cutting-House, he should not carry it to the Lower Cutting-House, but to the Upper, because as this Informant verily believes, if it had been carry'd to the Lower Cutting-House, it had been returned.

Subscribed,

John Weaver.

Jurat. 10. die Febr. 1702.
Coram me Rich. Rider. Vera Copia.

Middlesex and Westminster.

The Information of John Baldwin, of Spittle-Fields, in the Parish of Stepny, Labourer, taken upon Oath before me, one of Her Majesty's Justices of the Peace, for the said County and Liberty.

Sweareth,

THAT the Months of October, and November, last past, this Informant was imployed as a Servant to several of the Salters, in Her Majesty's Victualling Office on Tower-Hill; in which said time, this Informant helped to Salt and Pack up several Meazled Hogs, and one very Stinking Hog, which did Stink to that Degree, that this Informant was not able to hold his Head over it, while he was Salting and Packing it up: And further Deposeth, that in October aforesaid, one Jeremiah Eaton, came to the Cutting House, and ordered Richard Cook, to Cut a Surloyn of Beef out of a Quarter which he himself Pitched upon, and it was accordingly Cut, and Carried away by the said Eaton, as this Informant verily believes.

Subscrib'd,

John Baldwin.

Jurat 10. die Feb. 1702. Coram me
Richard Rider. Vera Copia.

Middlesex and Westminster.

The Information of Mary Merryman, Wife of Henry Merryman of St. Katharines-street, in the Parish of St. Katharine's Shoemaker. Taken upon Oath before me, one of Her Majesty's Justices of the Peace for the said County and Liberty.

Sweareth,

THAT about Christmas last past this Informant was told by one Ann Wakefield, a Servant to Mr. Randoff, belonging to the Queen's Victualling Office, that her Master had an Hogshead of Pork brought home by two Labourers to his House, between twelve and one a Clock in the Day time, from the Yard to which her said Master belonged, and after they had boyl'd two or three pieces of the Pork, found it not good, therefore her said Master ordered it back again to the said Yard.

Subscribed

Mary Merryman.

Jurat 10. die Feb. 1702. Coram me
Rich. Rider Vera Copia.

Middlesex and Westminster.

The Information of Thomas Pinfold, of Grayhound-Court in the Precincts of St. Katharines near the Tower, Labourer. Taken upon Oath before me, one of Her Majesty's Justices of the Peace for the said County and Liberty.

Sweareth,

THAT in the Month of Octob. last past, this Informant was standing by the Block in the Upper Cutting-House in Her Majesty's Victualling Office upon Tower-hill, one Henry Lowe desired this Informant to hold an Hog whilst he cut him up; And when the [Page 6] said Hog was cutting, this Informant told the said Lowe, that the said Hog was measled, whereat he shaked his Head; but yet cut it up. And the said Hog was cut into Messpieces, salted and pack'd in the Presence of this Informer. And this Informer further deposeth, that he saw several Mess-pieces of Pork drawn out of the Brine, which stunk and were pack'd up in the Cask. And this Informant further deposeth, That he hath several times seen Thomas Winfield a Master Butcher, cut several of the best pieces of Pork, and carry'd them away with him. And this Informant further deposeth, That about the Month of May or June last Ann, Wakefield, Servant to Mr. Randoff, belonging to the Queen's Victualling Office, came into the Coopers Yard in the said Office, to this Informant and his Brother, and desired them in her Master's Name to come to her said Master's House, and help carry down two Cask of Beer into his Cellar, which having done, Mr. Randoffs Sister and his said Servant desired them to help down with a Hogshead of Pork, which then lay in Mr. Randoffs-Yard, which they accordingly did; which at first they refus'd to do, thinking the same too heavy for them; whereupon Mrs. Randoff and the said Servant told this Informant and his Brother, they might well do it, for two Men brought it from the Office. And this Informant adds, that after they had got it into the Cellar, Mrs. Randoff desired to open the Head of the said Hogshead to see if the Pickle was not run out of it, which when open'd, they found the same to be full of Mess-pieces of Pork, and further saith not.

Sic Subscribed

Thomas Pinfold.

Jurat 11. die Feb. 1702. Coram me
Rich. Rider Vera Copia.

Middlesex and Westminster.

The Information of John Watts of Long-lane in the Parish of St. Mary Magdalen, Southwark, Gardiner. Taken upon Oath before me one of Her Majesty's Justices of the Peace for the said County and Liberty.

Sweareth,

THAT in the Month of May last, past this Informant was a Tun-Man in Her Majesty's Brewhouse, called the Hartshorn Brew-house in St. Katherine's, that Richard Warren Miller to the said Brew house, by Order of Mr. Croker Workman Brewer, did at each Brewing, after the second Running, take out of the Mash-Tun, two Bushels at least of Goods, and carry'd them away. And this Informant further saith, that during the time he work'd in the said Brewhouse, which was about six Weeks, there was at least twelve Tun of Beer, Drank, Spilt, and Imbezel'd. And further saith not.

Subscribed

John Watts.

Jurat 11. die Feb. 1702. Coram me
Rich. Rider Vera Copia.

These Affidavits being taken were delivered to the Princes Council, in whose Office they now are: The Parties accused, by Collusion with some others, procur'd one Jery Jones, an ignorant Fellow, that keeps a publick House near the Victualling Office, to apprehend Richard Parrat (one of the Evidences on Oath for the Queen) upon the Affidavit of Thomas Wingfield, and Paul Dewey, and others against whom the said Parrat had given Information upon Oath, and Evidence before the Prince's Council, upon which the said Parrat was committed to Prison, and Bailed out by Hore, and afterwards a Bill was found against him for Fellony at Hickes's-Hall, only upon the foresaid Evidence, who were accused as Criminals by the said Parrat: It is here to be noted the Management of those who would ruin England by the Destruction of the Navy, by letting the Criminals pass with Impunity, and be at Liberty to Swear against such as had made Affidavit against them.

Hore finding that the Criminals were countenanced, he was resolved to prosecute them, and in order thereunto, took up by Warrant Thomas Wingfield, and Paul Dewey, and they were bound over to the next Sessions at Hicke's-Hall, where they were found guilty of a Misdemeanour only: It is here to be noted, that Jery Jones publickly said, that he prosecuted Parrat by Order of the Princes Council, and that he would if he pleas'd, prosecute all the Queen's Evidence, of which Mr. Tutchin acquainted the Prince's Council, who never made any publick Vindication of their Honour in that respect.

After this the said Hore took up by Warrant William Ravenscroft, and Randolph Rench, who were bound over as follows.

[Page 7]

Middlesex et Westm. ff. To all Constables, Headboroughs, and others, Her Majesties Officers, whom these may Concern.

WHereas Information hath been given upon Oath unto me, one of Her Majesties Justices of the Peace for the said County and Liberty, by Tho. Mattocks, and Richard Parrot, that William Ravenscroft and Randal Rench, Persons belonging to Her Majesties Victualling, hath of late Defrauded and Cheated Her said Majesty, by taking and bearing away several pieces of Beef and Pork out of Her Majesties Cutting-House, in manifest breach of their good Behaviour:

These are therefore in Her Majesties Name, to Will and Require you, upon sight hereof, to take and bring before me, or some other of Her Majesties Justices of the Peace for the said County and Liberty, the Bodies of the said William Ravenscroft and Randal Rench, of whom you shall have Notice to Answer to the Premises: Thereof fail not. Given under my Hand and Seal, this 25th Day of March 1703.

Richard Rider.

March 26. Balr. Cod. Robert Bateman.

April 3. 1703.

Right Honourable,

MY Humble Request to Your Honours, for the Queens Interest is, That you will be pleased to Order Your Sollicitor to attend at Hicks's-Hall with the Original Affidavits; and that Your Secretary, or other Person, as Your Honours shall think fit, do attend at the Sessions-House in the Old-Bayly, with the Minutes and Proceedings of Your Board, in relation to the Victuallers. I am forced to be at the Charge of Prosecution, finding the Commissioners of the Victualling encourage the Poysoners of our Seamen, by continuing them in their Employments. I shall Prosecute all the rest in due time; and had Prosecuted Commissioner Wright this Sessions; but my Counsel tells me, that is to be done, only by Your Honours, he being the Queens Officer under you. I am

Right Honourable,

Your Honours most Humble Servant,

Charles Hore.

April 13. 1703.

Right Honourable,

I Thought it adviseable to Acquaint Your Honours of my Proceedings in the Prosecution of the Criminals in the Victualling Office. I got Bills found against eight of them for a high Misdemeanor this Sessions; and I intend to Try them the next; and am now Prosecuting the rest of the Criminals. Your Honours are sensible of the great Charge I have already been at in this Affair, in which I have spent my own Money, and have been forced to Borrow of Friends. I therefore humbly Beg Your Honours to take my Case into Consideration, and to Order me a supply for further Prosecution, that Her Majesties and the Nations Cause may not be starv'd for want of Money: In which Your Honours will do a singular Service to Her Majesty, to Your Country, and will highly Oblige,

Right Honourable,

Your Honours most humble Servant,

Charles Hore.

April 17. 1703.

Honoured Sir,

I Was Yesterday to wait on the Attorney General, in Order to the Clearing of Richard Parrat. The Attorney General said it was a very ill thing the Queens Evidence should be used at that rate, and said if the Prince's Council would signifie to him, That the said Parrat was the Queens Witness, and that his Discharge was necessary for the Service, he would immediately clear him, notwithstanding the Indictment against him. I would therefore beg You to move the Council in this Affair. I having great Occasion for his Evidence in that Service. I am

Your most humble Servant,

Charles Hore.

April 17. 1703.

Honoured Sir,

I Sent a Letter to the Board this Day, relating to the Discharge of Richard Parrat; but having no Answer, and Mr. Baker telling me I cannot speak with the Board. I beg the Favour of you to move the Council for an Answer; the Affair requiring Expedition. I am

Sir,

Your most humble Servant,

Charles Hore.

[Page 8]

The Answer given to Hore by Mr. Clark, was, That their Honours could do nothing in the matter, and the Law must have its course.

April 19. 1703.

Right Honourable,

I Received Your Honours Answer to my Request for the Discharge of Richard Parrat, whom Your Honours were pleased not to Discharge, tho' he is the Queens Evidence, and is Malitiously Prosecuted for being so. It seemed very odd to some true English Gentlemen, that the Criminals in the Victualling, and such as have Endeavoured to poyson the Sailors of England, with Meazly and Stinking Hogs, should be continued in their mischievous Employment, after Affidavit was made against them by Your Honours Order. I now acquaint Your Honours that some, if not all of the Persons, against whom Bills were found the last Sessions, are still Employ'd in the Victualling. I leave it to Your Honours Consideration whether This be a Practice suitable to the true Service of our Country, and whether it be not a great Encouragment to Criminals. I am,

Right Honourable,

Your Honours most humble Servant,

Charles Hore.

Admiralty Office 26 Feb. 1703.

Mr. Hore,

I Send this to acquaint you, that His Royal Highness has given Orders to Sir Cloudsley Shovel, and Sir Richard Haddock, to go on with the Survey of the Sea Provisions at the Victualling Office; in case you do not, with such Persons as you think proper to attend them in Four Days. I am

Sir,

Your humble Servant,

J. Burchet.

For the Reason before mentioned in Hores Letter he could not go on this Survey.

Navy Office 28. April. 1703. at Two in the Afternoon.

Mr. Hore,

HIS Royal Highness, upon a Petition of yours setting forth several Frauds and Abuses in the Victualling-Office, with Respect to the Badness of Provisions Killed for the Seamen of the Fleet, and other particulars; having Commanded us, whose Names are here under Subscrib'd, strictly to Examine into the same, and with all Expedition return to His Highness a true and perfect Account what we find relating to your said Petition: That our Report accordingly may be more satisfactory to His Highness, and in Justice to your self: We do therefore hereby Advertise and Desire you, pursuant to His Highnesses Order, to meet us at the Victualling-Office on Tower-Hill to Morrow Morning, being the 29th Instant; precisely at Nine of the Clock, with all such Persons you shall think proper or necessary to be with you at the same time on this occasion.

Your Friends

Carmarthen, Henry Greenhill.

April 29. 1703.

My Lord,

I Receiv'd a Letter from Your Lordship, Intimating Your Lordship, and Others, were going to a Survey of the Provisions at Tower-Hill, according to the Prayer of my Petition. I humbly Conceive my self not concerned in the Survey; my Petition, praying for a Survey of three Months ago; and I know not upon what Reasons it has been so long Neglected. Mr. Tutchin Survey'd the Pickle near that time, and Engages to prove from the Quantity of the Pickle, that the Meat is not fit for the Service. I would not have Your Lordship imagine I do not attend Your Lordship on this Occasion out of any Disrespect. Your Lordship may at any time, for the Service of our Country, Command the Person of

My Lord,

Your Lordships Most Humble Servant

Charles Hore.

[Page 9]

April 29. 1703.

Right Honourable,

I Receiving a Letter from my Lord Marquess of Carmarthen, importing that Himself and several others were, by Order of the Prince's Councel, to Survey the Provisions of the Fleet, on the 29th of April; I went that Day to the Red-House at Deptford, where most of the Bad Provisions has been Laid, but found none of the said Surveyors there, but I found there Jeremy Eaton, (One of the Persons against whom the Bill was found last Sessions) Employed; I don't say in Poisoning the Provisions for the Fleet. I have further to Signify to Your Honours, that I have Information of two Galleons Laden with Flesh for the Fleet, which are now in long Reach, which Provisions are said to be Bad. This is all from,

Right Honourable,

Your most humble Servant

Charles Hore.

The Report of the Surveyors.

Sir,

IN Obedience to the Command of His Royal Highness, Dated the 23d of April past, and of the Order of His Highnesses Council, of the 30th of Decem. sent us with Your Letter of the said Date.

We, whose Names are hereunto Subscribed, have this Day carefully Inspected into Her Majesties Provisions, both at the Victualling-Office at Tower-Hill, and at the several Store-Houses by the Brew-house; as also at the Victualling-Office at Deptford; in all which Offices and Store-Houses we Promiscuously Examin'd into a great Number of Casks both of Beef and Pork, as the Inclosed will particularly inform you, and finding it extraordinary good, and a great Stock of it, therefore 'tis our Opinion, having made the strictest Enquiry we could into the Particulars of the Frauds and Abuses in the Victualling-Office, mentioned in Mr. Hore's Petition, that there is no Ground for the Complaint made by him: But on the contrary, we found the Provisions in each Spiece we Survey'd, not only extreamly good, but all things relating to the said Office in the greatest Order imaginable; which, with all Duty and Respect, we Pray may be humbly Represented to His Royal Highness. We are

Sir,

Your very Humble Servants

Carmarthen, R. Haddock, Tho. Hobson, Henry Greenhill, Henry Risbe, Samuel Atkinson, John Hazlewood, B. Allen, Lewis Hughes, William Beanes.

Hore having a Copy of this Survey, drew up the following Protest, and Delivered it to the Princes Council.

Gentlemen,

HAving Read a Copy of the Survey, made by the Marquess of Carmarthen, and Others at Her Majesties Victualling-Office; and finding the same highly Prejudicial to Her Majesties Service, the Welfare of the Navy, and the Interest of the Realm. I do hereby Protest against the said Survey for the Reasons Following.

1. Because the Prayer of my Petition, desired a Survey of the said Provisions about Three Months ago, during which time the Defective Provisions were issued; and the Survey not made till the beginning of May; so that the Victuallers had time to New Pickle and put the Stores in Order for a Survey.

2. Because the Survey was made by Persons not Skilled in the Pickling, and Curing of Provisions; as having been never Exercised in that Service.

3. Because in their Report, they only give their Peremptory Opinion, without any Reason thereof drawn from the Nature of the Pickle and Packing the Meat: Whereas [Page 10] I can prove that the Pickle used in the Service this Season, hath sometimes been two Degrees and an half too Strong, and at other times three or four Degrees too Weak.

4. Because they did not Survey the Provisions in all the Store-Houses.

5. Because they Report, that they have made the Strictest Enquiry into the Frauds and Abuses in the Victualling-Office, mentioned in my Petition; that it is their Opinion, that there is no Ground for the Complaint made by me: When as I never knew the merit of my Complaint was Refer'd to their Consideration; And if so, they heard the Cause Ex Porte , against the Queen, as having not Examined my Evidence, as to the Embezelments of the Stores. All which I Humbly Conceiving does tend to the Prejudice of Her Majesties Service, and the Stifling of the Complaint made by me: I do therefore Protest against the said Survey for the Reasons above, and desire that the said Protest may be delivered to His Royal Highness, and Entred in the Books of the Admiralty,

Charles Hore.

The said Hore being resolv'd to Prosecute the aforesaid Criminals, they made Interest to the Attorney General, to procure a Noli Prosequi for themselves, as appears by the following Summons.

LET Mr. Charles Hore, the Prosecutor, on three several Indictments, Prefer'd at the Sessions in Hick's-hall, in April last, viz. One against Paul Dewey and others; Another against Randolph Rench, and a Third against John Bull and others, for Imbezelling Her Majesties Stores and Victualls. Attend me at my Chambers in the Temple onMonday the Tenth Day of this Instant May, at Four of the Clock in the Afternoon, to shew Cause why a Noli Prosequi should not be Granted to stay all further Proceedings on the said Indictments. Dated this Sixth Day of May 1703.

Edward Northey.

May 8. 1703.

Right Honourable,

I Being Summoned to attend the Attorney General on Monday next, at Four of the Clock in the Afternoon, I desire Your Solicitor may Attend at that time with the Original Affidavits relating to my Complaint against the Victuallers; as also, That Your Honours will be Pleased to Order me a Copy of the Report of the Survey made by my Lord Carmarthern and Others.

To the Right Honourable the
Council, to His Royal Highness.
Right Honourable, I am
Your Honours most humble Servant

Charles Hore.

The said Hore percieving by these Measures that the Intent of some People was to stifle the Complaint, by clearing the Criminals without Trial, and believing that neither the Queen nor His Royal Highness were throughly Inform'd of the Merits of his Cause, and the Nature of his Complaint, he Petitioned Her Majesty as follows,

To the QUEENS most Excellent Majesty in Council. The Humble Petition of Charles Hore.

Sheweth,

THAT your Petitioner some time since made a Discovery of great Frauds and Abuses in the Victualing your Majesties Navy, by Embezelling the Provisions, and Applying the best of the Meat to Private Uses: As also by Cutting and Packing up great Numbers of Meazled Hogs, and Hogs brought Dead and Stinking into the Office, contrary to the Rules of the Navy, and Laws of the Land; all which fully appeared by the Depositions of several Witnesses now remaining at the Admiralty Office.

That to prevent the Discovery and Punishments of the said Frauds, some Ill Affected Persons to Your Majesties Government caused one Richard Parrot, (who is a very Material Witness, and hath given Evidence for Your Majesty before the Prince's Council) to be taken up and Prosecuted upon pretence of Imbezelling Your Majesties Stores, upon the Information of two of the Persons, against whom the said Parrot had before given Evidence at the Admiralty Board.

[Page 11]

That Your Petitioner hath at his own proper Charges Prosecuted several Offenders, and Indictments were found against Eight of them the last Sessions, (Two of them being the same Persons on whose Information the said Parrot was taken up.)

That Your Petitioner doubts not to Convict the said Offenders, and Divers others, who he intends to Prosecute for the said Crimes, if the Evidence of the said Parrot, (whom at present is forced to Abscond, by Reason of the said Malicious Prosecution against him) be not Supprest and Stifled.

That without a speedy and Effectual Examination into, and Exemplary Punishment of the Offenders for the said Crimes (which Your Petitioner hath great Cause to believe, hath Cost the Lives of Thousands of Seamen in Your Majesties Service) it will be Impossible to prevent the like Evil Practices for the Future; which being a Matter of great Importance to Your Majesties Service.

Your Petitioner therefore Humbly Prays that Your Majesty will be Graciously Pleased to Grant a Noli Prosequi for the said Parrot, that he may be Enabled to appear and give Evidence upon the said Tryal of the said Offenders, at the next Ensuing Sessions (whereby Your Petitioner will be Encourag'd to make further Discoveries of many other Frauds and Abuses in the Victualling Your Majesties Navy.) And that Your Petitioner may be heard by His Councel before this Honourable Board Touching the Premises.

And Your Petitioner, as in Duty Bound, shall ever Pray.

Charles Hore.

At the Court at St. James's, the 8th of May, 1703.
Present
The QUEENS most Excellent Majesty in Council.

UPon Reading this Day, at the Board, the Petition of Charles Hore, relating to the Discovery of the great Frauds and Abuses in the Victualling of Her Majesties Navy; humbly Praying a Noli Prosequi , for Richard Parrot, whom the Petitioner alledges to be a very Material Witness in the Case, and is taken Up and Prosecuted for Pretence of Imbezzelling Her Majesties Stores, to the end he may appear and give Evidence upon the Tryal of the Offenders, at the next Ensuing Sessions: It is Ordered by Her Majesty in Council, that it be, as it is hereby referr'd, to Mr. Attorney General and Mr. Solicitor General, to Examine the matter of the said Petition; a Copy whereof is hereunto Annexed, and to report to this Board how they find the same, together with their Opinion thereupon.

John Povey.

PUrsuant to Her Majesties Order, in Council, of the 8th of May, Instant. We do appoint to Consider of the matter of the Petition of Charles Hore, (relating to a Discovery of Frauds and Abuses in the Victualling of Her Majesties Navy) and Praying a Noli Prosequi for Richard Parrot, therein mention'd, to us thereby refer'd, upon Tuesday the 25th Instant, at Six of the Clock in the Afternoon, at Mr. Attorney Generals Chamber in the Temple, at which Time and Place we will consider also of the several Indictments against Randal Rench, and against John Bull, John Hoskins, and others, and also against Paul Dewey, alias Dewell, Thomas Wingfield, and William Ravenscroft, for Imbezzelling Her Majesties Stores and Provisions; whereof let the Parties Concerned have Notice, and let Notice be also given to the Commissioners for Victualling the Navy, or their Solicitor, of the said Appointment. Dated the 21st of May 1703.

Edward Northey.
Simon Harcourt.

Hore and the Parties mentioned in this Summons, appear'd according to Order, and what pass'd at that time, being too tedious to mention in this place, yet it is worthy the Enquiry of our Representatives. But thus much may be said, That notwithstanding the strictness of Her Majesties Order for a Report of this Affair to be made to the Council Board, That no Report has as yet been made by the Attorney and Sollicitor General.

The said Hore observing that the said Marquis of Carmarthen and others, had Reported, That they, Pursuant to the Order of His Royal Highness, had Survey'd the Stores belonging to Her Majesties Victualling-Office: And he, that said Hore, under [Page 12] standing that a considerable quantity of the Queens Provisions was Conceal'd in a Ware-House at Cuckolds-Point, not belonging to Her Majesties Victualling-Office, and Suspecting the same to be Embezzeled, he procured the following Warrant for Securing the said Provisions.

To all Headburroughs and Others of Her Majesties Officers, whom these may Concern.

WHereas Complaint, upon Oath, hath been this Day made unto me, One of Her Majesties Justices of the Peace for the said County, by Henry Broom, that he saw this Day in a Ware-House, at Rotherhith in this County, divers Casks wherein is Contained (as he supposes) a Considerable Quantity of Her Majesties Stores, that were Embezzeled, Contrary to the Statutes in that Case made and Provided.

These are, therefore, in Her Majesties Name, to Will and Require you, or some one of you upon sight thereof, to make Diligent Search in the Day time for the said Stores: And if upon your Search, you find any of the said Stores, or any Person or Persons, of whom you shall have just Cause of Suspicion, that then you secure the said Stores, and the Person or Persons, in whose Custody the same shall be so found; and him, or them bring before me, or before some other of Her Majesties Justices of the Peace for the said County, to be Examined Touching the Premises; and further to be Dealt withall according to the Law. Hereof fail not at your Perils. Given under my Hand and Seal the 18th, Day of June 1703.

Ralph Hartley.

The said Hore, having served the said Provisions for the Use of Her Majesty, He Wrote the following Letter to the Prince's Council.

June 19. 1703.

Gentlemen,

I Thought fit to signifie to Your Honours that I have caused to be seized several Hundred Tuns of the Queens Provisions in Ware-Houses at Cuckolds-Point, which I suppose are Imbezzel'd; because they did not appear in the late Survey; I only Intimate this for Your Honours Consideration, who am

Your Honours Most Humble Servant,

Charles Hore.

The said Hore being resolved throughly to acquaint Her Majesty with these Evil Practices, he again Petitioned Her Majesty as follows.

To the QUEENS Most Excellent Majesty. The Humble Petition of Charles Hore.

Sheweth,

THAT Your Petitioner some time since presented to Your Majesty a Petition relating to a Discovery of Sinister Practices in the Victualling-Office, to the prejudice of Your Majesties Government, and the Abuse of Your Seamen; which said Petition Your Majesty was Graciously pleased to refer to the Consideration of the Attorney and Solicitor General: And Your Petitioner having since that Time seized a vast Quantity of Your Majesties Provisions concealed in private Ware-Houses, which said Provisions are Stinking and unfit for the Nations Service, and supposed to be Imbezzel'd. And Your Petitioner having Notice of several other of Your Majesties Stores belonging to the Victualling, which are after the said manner concealed; as also of a Galleon Laden with Tainted and Defective Provisions for the use of Your Majesties Navy.

Your Petitioner humbly prays Your Majesties Countenance, Power, and Direction to proceed in the Premises, for the Good of Your Majesties Navy, and the Welfare of the Kingdom.

And Your Petitioner shall ever Pray, &c.

Charles Hore.

At the Court near Hampton-Court, the 24th Day of June, 1703.
Present
The QUEENS Most Excellent Majesty in Council.

UPon Reading this Day at the Board, the Humble Petition of Charles Hore, setting forth that he formerly made a Discovery of Sinister Practices in the Victualling-Office to the prejudice of Her Majesties Government, and the Abuse of the Seamen; and [Page 13] hath lately seized a vast Quantity of Her Majesties Provisions belonging to the Victualling-Office, concealed in private Ware-Houses, which is supposed to be Embezzelled; and hath Notice of several other Stores concealed after the same manner; and therefore praying Her Majesties Countenance, Power, and Direction therein; It is ordered by Her Majesty in Council, that it be, and it is, hereby referred to His Royal Highness, Lord High Admiral, to cause the Petitioners Allegations to be Examined, and to Report to Her Majesty in Council how He finds the same, with His Opinion thereupon.

John Povey.

It is here to be Noted, that tho' Hore Petitioned the Queen for the good of the Publick; yet he was forced to pay the full Charge for all the Orders of Council, as if he had Petitioned on his own private Account.

The said Hore believing himself not fairly Treated in his Discovery by the Prince's Council, he Petitioned His Royal Highness to be heard by himself, as follows.

To His Royal Highness Prince George of Denmark, Lord High Admiral of England, Ireland, &c. The Humble Petition of Charles Hore.

Sheweth,

THat after Sir Richard Haddock, and Mr. Henry Greenhill, and others, by Order of Your Royal Highness, had Surveyed Her Majesties Stores and Provisions at the Victualling-Office, and in and about the Port of London; and a Report was given in to Your Royal Highnesses Council, that the said Stores were Extreamly Good, and fit for Her Majesties Service: Your Petitioner being assured of the Contrary, the said Surveyors having not Examined into all Her Majesties Stores, but that Considerable part of the said Stores were Concealed in Private Ware-Houses, did protest against the said Survey, a Copy whereof he delivered in at the Admiralty Board, to be Transmitted to Your Royal Highness.

Your Petitioner afterwards Petitioned Her Most Excellent Majesty in Council, setting forth several great Hardships to Her Majesties good Subjects, who had given Information in Relation to several Discoveries of several Frauds and Abuses Committed in Her Majesties Victualling Office: And Her Majesty was Graciously Pleased to Refer the Petition aforesaid, to the Consideration of the Attorney and Solicitor General, who, upon hearing the whole matter, Declared, the Allegations in the Petition were fully proved; tho' not yet Reported to Her Majesty in Council.

Your Petitioner in the mean Time (being Zealous and Resolute in Her Majesties Service) Procured a Warrant from a Justice of Peace to Seize, and accordingly hath Seized several Hundreds of Tuns of Her Majesties Provisions in Ware-Houses, at Cuckolds-Point: Supposed to be Concealed and Embezzel'd.

Whereupon Your Petitioner again Petitioned Her Majesty in Council for Her Power, Countenance and Direction in the Affair: And Her Majesty was Pleased to Refer the whole to Your Royal Highnesses Consideration, which Order of Reference is herewith Humbly Presented to Your Royal Highness.

Your Petitioner therefore most Humbly Prays, that Your Royal Highness will be Pleased to Hear the Matter of the said Complaint Personally; and Grant Your Petitioner Full Power and Authority to Seize other suspected Stores, and Examine those already Seized without Disturbance or Peril, that speedy Justice may be done Her Majesty and Government in this Particular.

And Your Petitioner shall ever Pray, &c.

Charles Hore.

The Commanders of the Victualling Office, having appointed a Day for Surveying the Provisions at Cuckolds-Point. The said Hore, with some Friends, attend at the Survey, and found the Provisions Stinking and unfit for Service, as appears by the following Report.

The Report of us, whose Names are hereunto Subscribed, being Inhabitants within the City and Liberty of Westminster, Touching a Survey of Sea Provisions (intended for Her Majesties Service) made on the 17th and 19th of July, 1703. In a Private Ware-House, at or near Cuckolds-Point, which Provisions were seized (as supposed) to be Embezzel'd from Her Majesties Stores.

THat upon Inspection of the Provisions aforesaid, the Major Part of them Appeared to us, to the best of our Judgement and Knowledge, to be killed since Michaelmas last, (tho' at this time they are Stinking) and are altogether unfit for Her Majesties Ser [Page 14] vice; for this Reason, that upon opening the Casks, the Pickle appeared to be in a manner all Blood, which was Stinking and very Offensive; and the Flesh appeared to be Fresh, as if it had not been Salted above two Months: The Dammage of which Provisions is Occasioned for want of due care in Salting and Packing them; the Blood never having been Drained, nor the Salt ever Penetrated the Flesh: Whereas every Cock-Wench knows, that Flesh not mov'd or Repackt out of the Bloody Pickle, can never keep sweet six Months.

We further declare that during the time of the said Survey, one Skipper Holman pretended he had bought the said Provisions and said that all were Rogues who came there, especially Mr. Hore, whose Ears he swore he would cut off, and Arrest him for fivePound a Day, for every Day he waited there, being so much out of his way, and was very Impertinent and Troublesome. And one Mr. Cole, the Master Cooper of the Victualing Office; and likewise Mr. Jennings, one of the Commissioners, pretended the said Provisions were Condemned at Portsmouth, and sent up hither, and Repackt out of good Husbandry, to serve as petty Warrant Provisions for new Imprest Men Aboard the Tenders, with such like Various Discourses. But we Humbly Presume, stinking Provisions are never designed by Her Majesty and Government, or Imprest Men, or the West-Indies, or to destroy any of Her Subjects, in any of Her Majesties Dominions, Here or Elsewhere.

Charles Hore. Charles Read, William Eastiss.

The said Hore Understanding that the Prince's Princ (sic) Council had made a Report of this Survey to Her Majesty, without Examining the said Hore, and his Friends that were present at the Survey; and he the said Hore, not being able by any means to procure a Copy of the said Report to Her Majesty: He delivered a third Petition to Her Majesty at Hampton-Court, as follows.

To the QUEENS Most Excellent Majesty in Council. The Humble Petition of Charles Hore.

Sheweth,

THat Your Petitioner some time since presented to Your Gracious Majesty a Petition, Relating to a Discovery of Sinister Practices in the Victualling Office, to the prejudice of Your Majesties Government, and the Abuse of Your Seamen; which was Referr'd to the Attorney and Solicitor General, who Owned the Allegations proved; yet no Report was given by them, as was Ordered by Your Majesty in Council; whereupon a second Petition was preferr'd, concerning an Imperfect Survey made by Sir Richard Haddock, and others; as also setting forth the seizing some Private Ware-Houses, and Requesting Power and Protection to seize others, which said Petition Your Majesty was Graciously pleas'd to Refer to the Consideration of His Royal Highness, Lord High Admiral; and Your Petitioner upon Enquiry at the Admiralty Board, what they had done with the Reference to His Royal Highness; was answered by the said Board, that they would give in their Report in two or three Days, and your Petitioner Replyed, who could their Honours give their Report, having not heard any Evidences since February last, to which the Board answer'd, it was no matter; Your Petitioner notwithstanding Resolved to proceed to take an Account of one of the Warehouses he had seized at Cuckolds-Point by Virtue of a Warrant from a Justice of Peace and upon strict Survey found the Provisions stinking and unfit for Your Majesties Service, tho' not Kill'd above six Months, as appears from the Report hereunto Annext, and Your Petitioner has good Grounds to believe that several other of Your Majesties Stores belonging to the said Office would be found as Defective upon a new Survey made by fitting Persons. And if Your Petitioner might be heard by Council before Your Majesty in Council, all his Allegations would plainly appear touching the Abuses and Mismanagement in the Victualling Your Majesties Navy.

Wherefore Your Petitioner most Humbly Prays that Your Majesty will be Graciously Pleased to admit the whole matter to be heard by his Council before Your Majesty in Council that the full Discovery of the said Abuses and Mismanagements of the VictualingOffice may be no longer stiffled, but made Clearly and Evidently appear to Your most Gracious Majesty for the Good of Your Majesties Navy, and the Welfare of the Kingdom.

And Your Petitioner shall ever Pray.

Charles Hore.

To this Petition was Annexed the abovesaid Report; but the said Hore never had any Answer thereunto.

Now in all Humility he lays this whole Proceeding before our Representatives in Parliament, to be Considered as in their great Wisdom they shall think fit.

FINIS.

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

Die Jovis 9 Februarii, 1715.

ABOUT One a Clock the Lords came from their own House into the Court erected in Westminster-Hall, to pass Sentence upon James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, in the manner following.

• The Lord High-Steward's Gentlemen Attendants, two and two.
• The Clerks Assistant to the House of Lords, and the Clerk of the Parliament, with the Clerk of the Crown in the Court of Chancery bearing the King's Commission to the Lord High-Steward.
• The Masters in Chancery, two and two.
• Then the Judges.
• The Peers Eldest Sons, and Peers Minors, two and two.
• Four Serjeants at Arms with their Maces, two and two.
• The Yeoman Ushers of the House.
• Then the Peers, two and two, beginning with the youngest Barons.
• Then four Serjeants at Arms with their Maces.
• The Serjeant at Arms attending the Great-Seal, and Purse-Bearer.
• Then Garter King at Arms; and the Gentleman-Usher of the Black Rod, carrying the White Staff before the Lord High-Steward.
• The Lord High-Steward alone, his Train born.

[Page 2]

When the Lords were placed in their proper Seats, and the Lord HighSteward upon the Wooll-Pack,

The Clerk of the Crown, in the Court of Chancery, standing before the Clerk's Table, with his Face towards the State, having his Majesty's Commission to the Lord High-Steward in his Hand, made three Reverences towards the Lord High-Steward; and, on his Knee, presented the Commission to the Lord High-Steward; after which, and usual Reverences, the same was carried down to the Table: And then Proclamation for Silence was made in this manner;

O Yes, O Yes, O Yes! Our Sovereign Lord the King strictly charges and commands all manner of Persons to keep Silence, upon Pain of Imprisonment.

Then the Lord High-Steward stood up, and spoke to the Peers.

All the Peers uncovered themselves, and they and all others stood up uncovered while the Commission was reading.

GEORGIUS R.

GEORGIUS, Dei Gratia, Magnæ Britanniæ, Francia & Hiberniæ Rex, Fidei Defensor, &c. Prædilecto & Fideli Consiliario nostro Willielmo Domino Cowper, Cancellario nostro Magnæ Britanniæ, Salutem. Cum Jacobus Comes de Derwentwater, Willielmus Dominus Widdrington, Willielmus Comes de Nithisdale, Georgius Comes de Winton, Robertus Comes de Carnwath, Willielmus Vicecomes Kenmure, & Willielmus Dominus Nairn, coram Nobis in præsenti Parliamento, per Milites, Cives & Burgenses in Parliamento nostro Assemblat' de alta Proditione per ipsos Jacobum Comitem de Derwentwater, Willielmum Dominum Widdrington, Willielmum Comitem de Nithisdale, Georgium Comitem de Winton, Robertum Comitem de Carnwath, Willielmum Vicecomitem Kenmure, & Willielmum Dominum Nairn, commiss' & perpetrat' in nomine ipsorum Militum, Civium & Burgensium, & nomine omnium Communium Regni nostri Magnæ Britanniæ impetiti & accusati existunt; & ipsi prædict' Jacobus Comes de Derwentwater, Willielmus Dominus Widdrington, Willielmus Comes de Nithisdale, Robertus Comes de Carnwath, Willielmus Vicecomes Kenmure, & Willielmus Dominus Nairn, coram Nobis in præsenti Parliamento de Proditione prædict' se esse culpabiles seperatim cognoverunt: Nos considerantes quod Justitia est Virtus excellens & altissimo complacens, Volentesque quod prædict' Jacobus Comes de Derwentwater, Willielmus Dominus Widdrington, Willielmus Comes de Nithisdale, Robertus Comes de Carnwath, Willielmus Vicecomes Kenmure, & Willielmus Dominus Nairn, de & pro Proditione unde ipsi ut præfertur impetit' accusat' & convict' existunt coram Nobis in præsenti Parliamento nostro, secundum Legem & Consuetudinem hujus Regni nostri Magnæ Brittaniæ, & secundum Consuetudinem Parliamenti audiantur, sententientur & adjudicentur cæteraque omnia quæ in hac parte pertinent debito modo exerceantur & exequantur, ac pro eo quod Proceres & Magnates in præsenti Parliamento nostro assemblat' Nobis humilime supplicaverunt ut Senescallum Magnæ Britanniæ pro hac vice constituere dignaremur. Nos de fidelitate, prudentia, provida circumspectione, & industria vestris plurimum confidentes, Ordinavimus & Constituimus vos ex hac Causa Senescallum Magnæ Britanniæ ad Officium illud, cum omnibus eidem Officio in hac parte debit & pertinen' (hac vice) gerend' occupand' & exercend' Et ideo vobis Mandamus quod circa præmissa diligenter intendatis, & omnia quæ in hac parte ad Officium Senescalli Magnæ Britanniæ pertin' & requiruntur hac vice faciatis, exerceatis, & exequamini cum [Page 3] effectu. In cujus rei Testimonium has Literas nostras fieri fecimus Patentes, Teste me ipso apud Westm' Nono Die Februarii, Anno Regni nostri Secundo.

Per ipsum Regem propria Manu Signat'
Wrighte.

Then the Herald and Gentleman Usher of the Black Rod, after three Reverences, kneeling, presented the White Staff to his Grace; and then his Grace, attended by the Herald, Black Rod and Seal-Bearer (making his proper Reverences towards the Throne) removed from the Wooll-Pack to an armed Chair, which was placed on the uppermost Step but one of the Throne, as it was prepared for that purpose, and then seated himself in the Chair, and delivered the Staff to the Gentleman Usher of the Black Rod on his Right Hand, the Seal-Bearer holding the Purse on the Left.

Then another Proclamation was made, as follows.

Then James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, were all brought to the Bar by the Deputy Governour of the Tower, having the Ax carry'd before them by the Gentleman Jaylor, who stood with it on the Left Hand of the Prisoners, with the Edge turned from him. The Prisoners when they approach'd the Bar, (after kneeling,) bowed to his Grace the Lord High-Steward, and to the House of Peers; which Complement was returned them by his Grace, and the House of Peers.

ARTICLES of Impeachment of High Treason exhibited against James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn.

WHEREAS for many Years last a most wicked Design and Contrivance has been formed and carried on, to subvert the ancient and established Government, and the good Laws of these Kingdoms; to extirpate the true Protestant Religion therein Established, and to destroy its Professors; and instead thereof, to introduce and settle Popery and Arbitrary Power; in which unnatural and horrid Conspiracy great Numbers of Persons of different Degrees and Qualities have concerned themselves and acted; and many Protestants, pretending an uncommon Zeal for the Church of England, have joined themselves with professed Papists, uniting their Endeavours to accomplish and execute the aforesaid wicked and traiterous Designs: [Page 4]

And whereas it pleased Almighty God in his good Povidence, and in his great Mercy and Goodness to these Nations, to Crown the unwearied Endeavours of his late Majesty King William the Third of ever glorious Memory, by making him the Instrument to procure the Settlement of the Crown of these Realms in the Illustrious House of Hanover, as the only Means under God to preserve our Religion, Laws and Liberties, and to secure the Protestant Interest of Europe; since which happy Establishment the said Conspirators have been indefatigable in their Endeavours to destroy the same, and to make Way for the vain and groundless Hopes of a spurious Impostor and Popish Pretender to the Imperial Crown of these Realms.

And to accomplish these Ends, the most immoral, irreligious and unchristian-like Methods have been taken, but more particularly in the last Years of the Reign of the late Queen Anne, during which time all imaginable Endeavours were used by the said Conspirators to prejudice the Minds of the Subjects of this Realm against the Legality and Justice of the said Settlement of the Crown: And for that Purpose the Holy Scriptures were wrested, and the most wholsome Doctrines of the Church of England perverted and abused by Men in Holy Orders, in the most publick and scandalous Manner, in order to condemn the Justice of the late happy Revolution; and thereby to sap and undermine the Foundation of the said happy Establishment; and the most notorious Instruments of these wicked Purposes were countenanced by particular Marks of publick Favour and Distinction; false and dangerous Notions of a sole Hereditary Right to the Imperial Crown of these Realms were propagated and encouraged by Persons in the highest Trust and Employments, contrary to the ancient, undoubted and established Laws of these Kingdoms; jesuitical and scandalous Distinctions were invented and publickly inculcated, to enervate the Force and Obligation of those Oaths which had been contrived in the plainest and strongest Terms by the Wisdom of Parliament for the Security of the said Establishment; and to conceal their Designs, and thereby the better to enable them to carry on the same, great Numbers of the said Conspirators of all Ranks and Conditions, pretending a Zeal for the Protestant Succession, openly and voluntarily took the said Oaths; groundless Fears of the Danger of the Church of England were fomented throughout these Kingdoms, to disorder the Minds of well-disposed Protestants.

By all which and many other such ungodly Practices of the said Conspirators, the most causeless and dangerous Jealousies and Dissatisfactions were created in the Minds of the good People of this Kingdom, and great Numbers of well-meaning, but deluded Protestants were much disquieted.

But nevertheless these dishonest Methods were pursued by the said Conspirators with indefatigable Industry, as the only Means to weaken the Foundations of the said happy Establishment.

And whereas the Dissolution of the late glorious Confederacy against France, and the Loss of the Ballance of Power in Europe, were further Steps necessary to compleat the Designs of the said Conspirators; And the same being effected by the late ignominious Peace with France, the French King was rendred fomidable, and the Protestant Succession was thereby brought into the most imminent Danger; And by these and other pernicious Measures, the Destruction so long intended by the said Conspirators for these poor Nations seemed near at Hand.

At which Time, and under which most deplorable Circumstances, it pleased Almighty God in his infinite Wisdom to call to himself the late Queen Anne, and by a Concurrence of many most wonderful Providences to give a quiet and peaceable Accession to his present most Gracious Majesty to the Throne of his Ancestors, to which he was received with one full Voice and Consent of Tongue and Heart, and the united Joy of eve [Page 5] ry good Subject and good Protestant, as their only lawful and rightful Liege Lord; and altho' from the Moment his Majesty Ascended the Throne to this Day, his Reign has been one Series of Wisdom, Justice and Clemency; his Labours Constant, Unwearied and Successful to retrieve the Honour and Reputation of these Nations; to re-establish the Trade and recover the Wealth of his Kingdoms; and although all imaginable Encouragement has been given to the Church of England, and all Tenderness shewn even to his Popish Subjects, and his constant Care has been to procure the universal Good of his People; nevertheless the said Conspirators have, by the most vile and impious Methods, renewed their Endeavours to throw these Kingdoms into the utmost Confusion, and to entail endless Miseries on us and our Posterities: For these Ends many of the above-mentioned most wicked and dangerous Practices have been repeated with the utmost Industry and Inveteracy, to delude, disorder, and corrupt the Minds of his Majesty's good Subjects; the most groundless Jealousies have been fomented against his wise and happy Administration, and in many Parts of his Kingdoms the most unnatural, unexampled Riots and Tumults, by the secret and malicious Endeavours of the said Conspirators, have been procured, stirred up, and encouraged against his peaceable Protestant Subjects, under false Pretences of Zeal for the Church of England, and thereby more effectually to delude his good Subjects, and seduce them from their Allegiance, and prepare them for an open Rebellion.

And the said Conspirators having at length resolved to deprive these Nations of the invaluable Blessings which they now enjoy under the wise and gentle Reign of His present most Gracious Majesty King George, and of the certain Prospect of Happiness which they have for their Posterity, in a Succession of Princes derived from himself; did contrive, confederate and resolve to put their most malicious wicked and traiterous Designs into immediate Execution; for which purpose, James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, together with Thomas Forster, Jun. the Lord Charles Murray, Edward Howard, Thomas Errington, John Clavering, William Shaftoe, Sir Francis Anderton, Ralph Standish, Richard Townly, Thomas Butler, Thomas Walton, Gabriel Hasket, Richard Gascoigne, and diverse other Persons, as false Traytors to His present most Sacred Majesty King George, the only lawful and undoubted Sovereign of these Kingdoms, having withdrawn their Allegiance, and cordial Love, and true and due Obedience, which they as good and faithful Subjects owed to His said Majesty, did, in or about the Months of September, October, or November 1715, most wickedly, maliciously, falsely and traiterously imagine and compass the Death of His said most Sacred Majesty.

And for the Accomplishing and Executing their said Traiterous Purpose, they the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, did, in or about the said Months or some of them, and at diverse other Times, and in diverse Places within this Kingdom, wickedly and traiterously agree, confederate, conspire, and resolve together, with many other evil-disposed Persons, to raise, excite, and levy within the Counties of Teviotdale, Northumberland, Cumberland, and the County Palatine of Lancaster, and elsewhere within this Kingdom, a most Cruel, Bloody, and Destructive War, against his Majesty, in order to depose and murther his Sacred Majesty, and to deprive him of his Royal State, Crown and Dignity.

And the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, William Lord Nairn, their Accomplices and Confederates, in or about the Months aforesaid, in the Counties aforesaid, or some of them, did gather together great Numbers of His Majesty's Subjects, and with them did assemble in a warlike and traiterous Manner, in order to raise Tumults [Page 6] and Rebellion within this Kingdom; and having procured great Quantities of Arms, Ammunition and warlike Instruments, at the Times and Places aforesaid, or some of them, did form and compose, or did assist in the Forming and Composing an Army of Men, consisting of his Majesty's Liege Subjects, in order to wage War against his said Majesty, for and in behalf and in favour of the said Pretender to the Crown of these Realms; And the said last mentioned Conspirators, their Accomplices and Confederates, at the Time and Times and Places aforesaid, and at divers other Times and Places within this Kingdom, did maliciously and traiterously make, levy, and raise War and Rebellion against His most Sacred Majesty, and in a warlike and hostile Manner did march thro' and invade several Parts of this Kingdom, and did unlawfully take and seize the Horses and other the Goods and Chattels of many of the peaceable and good Subjects of His Majesty, and in other Places did take and seize, from his Majesty's faithful Subjects, Guns, and other warlike Instruments, for the carrying on their traiterous Purposes.

And the said last mentioned Conspirators, their Complices and Confederates, during their March and Invasion aforesaid, in open Defiance of His most Sacred Majesty's just and undoubted Title to the Imperial Crown of these Realms, did wickedly and traiterously Cause and Procure the said Pretender to be proclaimed, in the most publick and solemn Manner, as King of these Realms; and in several Places in the Counties aforesaid, or some of them, did unlawfully take and seize from His Majesty's Officers of the Revenue the publick Mony, for the Use and Service of the said Pretender; and tho' many of the Conspirators are avowed Professors of the Popish Religion, yet the more effectually to cover and disguise their most wicked and traiterous Designs, and to delude His Majesty's Subjects, they did prevail on and procure several Men in Holy Orders, Ministers of the Church of England, and who had before that time abjured the said Pretender, to Accompany, Countenance and Abet the said most traiterous Enterprize, and in several Places in the Counties aforesaid, where the said Conspirators, their Complices and Confederates then were, to pray for the said Pretender in the publick Churches, as King of these Realms.

That the said last mentioned Conspirators, their Accomplices and Confederates, did, on or about the Ninth, Tenth, Eleventh, Twelfth or Thirteenth of November aforesaid, Traiterously seize and possess themselves of the Town of Preston in the County Palatine of Lancaster against His Majesty, and did then and there in a warlike and hostile Manner levy War, Oppose, Engage and Fight against His Majesty's Forces; and did then and there cause and procure a Miserable and horrid Slaughter and Murther of many of His Majesty's faithful Subjects.

All which Treasons and Crimes abovementioned were Contrived, Committed, Perpetrated, Acted and Done, by the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, William Lord Nairn, and other the Conspirators aforesaid, against Our Sovereign Lord the King, His Crown and Dignity; and contrary to the duty of their Allegiance Allegiancc (sic) , and against the Laws and Statutes of this Kingdom.

Of all which Treasons and Crimes, the Knights, Citizens and Burgesses in Parliament Assembled, do, in the name of themselves and of all the Commons of Great Britain, Impeach the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, William Lord Nairn, and every of them.

And the said Commons by Protestation saving to themselves the liberty of exhibiting at any time hereafter any other Accusations or Impeachments against the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, or any of them; and also of Re [Page 7] plying to the Answers which the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, or any them, shall make to the Premisses, or any of them, or to any Impeachment or Accusation that shall be by them Exhibited according to the course and proceedings of Parliament; And do pray that the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, be put to Answer all and every the Premisses; And that such Proceedings, Examinations, Tryals and Judgments may be upon them and every of them had and used as shall be agreeable to Law and Justice.

Die Jovis 19 Januarii, 1715.

THE Order of the Day being read, for bringing James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, to this House, in order to their putting in their several Answers to the Articles of Impeachment of High Treason Exhibited against them by the House of Commons:

The said Earl of Derwentwater was brought to the Bar by the Gentleman Usher of the Black-Rod, where he kneeled until the Lord Chancellor directed him to rise; and his Lordship acquainted him with the abovementioned Order, and demanded of him if he was ready to put in his Answer, which he said he was, and delivered the same at the Bar.

Which Answer of the said Earl of Derwentwater was read, and is as follows.

The Answer of James Earl of Derwentwater, to the Articles of Impeachment of High Treason exhibited against him by the Honourable the Knights, Citizens, and Burgesses of Great Britain in Parliament Assembled.

TO a Charge of so high and heinous a Nature the said Earl cannot Answer without the deepest Concern and Affliction, which becomes more weighty from the Share the Honourable House of Commons have been pleased to take in the Accusation; He assures himself however, that Great Assembly doth not engage in the Prosecution of an Offence, so open to Conviction in the ordinary Course of Law, with design to intercept that Mercy which the Earl, from the Report of His Majesty's natural Goodness, had reason to expect. It would be a Thought unworthy any Member of that August Body, to imagine he could have the least desire of spilling the Blood of any of his Fellow-Subjects, whom his Majesty's great Wisdom should think a fit Object of his Mercy; the said Earl therefore hopes that his Prosecution is taken out of the common Course of Justice, with Intentions that if in his particular Case there shall appear any Circumstances inducing Favour or Compassion, both your Lordships and the Commons may be Intercessors with his Majesty for Grace towards him; whereby the Exercise of the Royal Mercy, upon which the Earl depended (which amongst all the Virtues of the Crown most endears a Monarch to the Love and Affection of his People) may be extended in such Manner as may demonstrate that Clemency for which his Majesty is so greatly renowned, and not encourage any to Offend upon the Presumption of it for the future. The said Earl Acknowledges, with a real Sorrow, that at the time in the Articles mentioned he was in Arms, and with others did March through and invade several Parts of this Kingdom; and Confesses he is thereby guilty of the Offence wherewith he [Page 8] is charged in the said Articles. But if any Offence of that kind was ever attended with Circumstances which might move Compassion, the said Earl hopes he may be intitled to it: He begs Leave to inform your Lordships, That his Temper and Inclination disposed him to live peaceably under His Majesty's Government, and he never had the least Prejudice or Malice against his Person, nor was he ever heretofore concerned in or privy to any Design or Contrivance to subvert or disturb the Established Government, the Laws or Religion of this Kingdom; and if any Methods were taken by others to accomplish any of those Ends, he was absolutely a Stranger to them; nor did he now Engage in this Unhappy Undertaking upon any previous Concert or Contrivance for any such purpose; but being Young and Unexperienced, he rashly, and without any Deliberation, engaged himself to meet at Plainefield in Northumberland, on Assurance that many of his Relations and Acquaintance would appear there; that his Undertaking was sudden, appears in that he engaged in it without any previous Preparation of Men, Horses, Arms, or other Warlike Accoutrements; and as the said Earl cannot be justly reproached with any Cruel, Severe, or Harsh Action during the Continuance in Arms, so he took the first Opportunity that offered of submitting to the King's Mercy. After the sudden Skirmishes at Preston, the said Earl, with others, was sollicitous to prevent any further Destruction of the Lives of his Majesty's Subjects, and instrumental to induce all in Arms to submit themselves to the King, provided they might be secured of their Lives. One of his Majesty's Officers, sent from the General, gave them Encouragement to believe, that the Surrender of themselves would be the ready way to obtain the King's Mercy: In Confidence whereof, when a Cessation was agreed on, the said Earl offer'd himself to become one of the Hostages for them till the next Morning, in which time he received further Assurances from the Officers, that the King was a Prince of known Clemency; that this was a distinguishing part of his Character, and that the free Surrender to Mercy would be the most proper means to obtain it. The said Earl believes his Majesty's Officers were very sensible, and will be so just as to acknowledge, that it had not been impracticable for many of those at Preston to make their way through his Majesty's Forces; but this Attempt must have occasioned the loss of many Lives, and might have been productive of ill Consequences to the Government, which the said Earl was desirous to prevent; and when the time agreed on for the Cessation was near expired, and General Wills seemed uneasie in not having received any Message from those in the Town, the said Earl writ a Letter to exhort them to surrender to the King's Mercy; and at the same time declared to the said General, and other Officers, that whatever happened, he was determined to continue with them, and rely entirely on his Majesty's Clemency and Goodness, which he had Encouragement to expect; and in such Circumstances the said Earl cannot distrust your Lordships or the Commons readiness, to use their Mediation for Mercy on his behalf, which will lay him under the highest Obligations of Duty and Affection to his Majesty, and perpetual Gratitude to both Houses of Parliament.

Derwentwater.

The Material Words of which Answer appearing not to be sufficiently express and clear, the Lord Chancellor asked the said Earl if he meant by the said Answer to plead Guilty to the said Articles of Impeachment.

He said he did, and submitted to the King's Mercy, and humbly desired their Lordships Intercession to his Majesty; and his said Answer and Plea was Recorded accordingly.

And he withdrew.

Then the Lord Widdrington was brought to the Bar, and having there also kneeled, was acquainted by the Lord Chancellor with the aforementioned Order, and ask'd the same Question as the Earl of Derwentwater; and he likewise delivered in his Answer, which was read as follows:

[Page 9]

The Answer of William Lord Widdrington to the Articles of Impeachment of High Treason Exhibited against him by the Honourable the Knights, Citizens, and Burgesses of Great Britain in Parliament assembled.

IT is with inexpressible Concern and Affliction the said Lord appears before this August Assembly charged with Crimes of the most heinous Nature; and though it is Natural to Mankind to endeavour to conceal their Guilt, and make use of all manner of Defence, especially in the case of Life, yet as he surrendred himself at Preston, intirely relying on his Majesty's Mercy, so he is now resolved not to take any Measures which may argue the least Diffidence of that Mercy, or of your Lordships Goodness; and therefore the said Lord confesses he is Guilty of the Treason wherewith he is charged in the said Articles; and after having thus freely acknowledged his Offence, he begs leave to lay his Case before your Lordships, and humbly hopes when the particular Circumstances are considered, it will not be thought to Merit the most rigorous Punishment, but that both your Lordships, and the Honourable House of Commons, will look upon him as a proper Object of his Majesty's Clemency; and he humbly hopes he may not be thought the less unworthy of Favour, in that he never before Offended, nor was at any time privy to, or acquainted with any Design or Contrivance to destroy or disturb the Established Government, the Laws or Religion of this Kingdom, but came unawares into this sudden and unpremeditated Action; for although he had met with Publick Rumours and Reports of intended Invasions from Abroad, and Insurrections at Home, yet he never knew, or any other way heard of any formed Design against the Government, till he was told the Night before of a Meeting intended at Plainfield in Northumberland on the Sixth of October last; and being soon after informed, that almost all his Neighbours and Acquaintance had there met in Arms, he took a hasty and inconsiderate Resolution of joining them; nor was he in any sort prepared for such an Undertaking, having only some of his own Family with him, no Arms but his common Fowling-Pieces and wearing Swords, and fewer Horses than he had constantly kept for several Years before; and nothing but the Report of so many of his Friends being engaged could have hurried him on to an Enterprize so unaccountably Rash and Unjustifiable; and he is willing to hope your Lordships will esteem it some Alleviation of his Crime, that in a Commotion of that Nature there was so little Violation of the Rights and Properties of those who opposed them; for he believes few Instances can be found, where such a Multitude continued so long in Arms without doing greater Acts of Violence and Injustice. The said Lord cannot charge himself with any injurious Acts to the Property of his Fellow-Subjects, and endeavoured to prevent them in others; and hopes it was thence owing in some Measure, that there was shown all along greater Marks of Moderation and Humanity, than is common in such a Warlike and Hostile Proceeding. The Suddenness of the Attack at Preston, without any previous Summons, admitted no time for mediating a Submission before the loss of that Blood which was there unfortunately spilt; but after the Heat and Surprize of the first Action was over, a Cessation of Arms was desired, and upon the mutual Messages which then passed, the Officers sent from the General encouraged them to believe the surrendring themselves would be the ready way to obtain the King's Mercy, and gave them repeated Assurances, that they submitted to a Prince of the greatest Clemency in the World: Upon these Hopes and Assurances they made a general Surrender of themselves to the King; and the said Lord may justly take notice to your Lordships, that as he was the last who took up Arms, so he was the first who procured a Meeting of the Chief Persons among them, in order to lay them down; and cannot doubt but your Lordships, and the Honourable House of Commons, will think it equitable to make some Distinction between an obstinate Resistance and an early and humble Submission, whereby the Peace [Page 10] and Tranquility of this part of his Majesty's Dominions was intirely restored. Nature must have started at yielding themselves up to a certain and ignominious Death, when it must be acknowledged that it was not impracticable for many of them to have escaped; and it was possible so great a Number grown desperate might have obtained further Success, and thereby prevented the so speedy suppressing that Insurrection; but the said Lord, and the rest, having with the utmost Confidence relied on the Assurances of his Majesty's great Clemency, and the hopes of Mercy, which had been given them from the Officers who commanded the Royal Forces, he is encouraged with great Earnestness to implore the Intercession of your Lordships, and the Honourable House of Commons, with his Majesty, for that Mercy on which they wholly depended; and as he doth not know where Mercy was refused to those who so early and with so much Resignation submitted to it, so he humbly hopes your Lordships may be induced to think, that the Exercise of this Divine Virtue by his Majesty towards those who cast themselves themseves (sic) at his Royal Feet upon the sole Prospect and Expectation of it, will appear no less Glorious to his Majesty, and prove no less Advantageous to the future Quiet and Tranquility of his Government, than any Examples of Justice in such a Case can be likely to do: And whatever Marks of Goodness and Favour his Majesty shall vouchsafe to the said Lord, will not fail to engage him by the strongest Tyes of Gratitude, to demonstrate in the future course of his Life the most constant and inviolable Duty to his Majesty, and the most real Esteem and Veneration for your Lordships and the Honourable House of Commons.

Widdrington.

And the said Lord Widdrington being asked if he had any thing further to say, he begg'd to be excused all Imperfections in his said Answer, said he had been indisposed with the Gout in his Stomach, and was not able to employ himself in preparing his Answer till last Night, and finished it but this Morning, and humbly implored their Lordships Intercession to his Majesty for Favour and Mercy; and his Answer and Plea was Recorded accordingly.

And he withdrew.

Then the Earl of Nithisdale was brought to the Bar, and having there likewise kneeled was acquainted with the forementioned Order, and asked the same Question as the Earl of Derwentwater; and he also delivered in his Answer, which was read as follows.

The Answer of William Earl of Nithisdale, to the Articles of Impeachment of High-Treason Exhibited against him by the Honourable the Knights, Citizens, and Burgesses of Great Britain in Parliament Assembled.

IT is with the utmost Confusion the said Earl appears at your Lordships Bar, under the Weight of an Impeachment by the Commons of Great Britain for High Treason; he humbly begs Leave, in Extenuation of his Crime, to assure your Lordships that he was always a zealous Asserter of the Liberties of his Country, and never engaged in forming or carrying on any Design to subvert the ancient Established Government and the good Laws of this Kingdom; but being Summoned by those entrusted with the Administration of the Government in Scotland to appear at Edinburgh, and being assured if he went thither he should be made close Prisoner, he did not obey the Summons; but in all humble Manner applied for their Indulgence in dispensing with his being committed to Goal, offering to give any Bail for his peaceable and quiet Behaviour; which being refus'd, and being at that time in so ill a State of Health, that a Confinement in Edinburgh Castle would have endangered his Life, he was forced to abscond, and kept private 'till several of the Persons mentioned in the said Impeachment, with many other of his Neighbours, appeared in Arms very near the Place where the said Earl lay concealed; and then he inconsiderately and [Page 11] unfortunately (with four of his Domesticks and no other Person whatsoever whatsover (sic) ) joined them, and proceeded in their Company to the Places in the said Articles of Impeachment mentioned; but he knew nothing of the intended Insurrection 'till they were actually in Arms. The said Earl is deeply sensible of his great Offence, and not affecting Delay, nor being willing to give your Lordships or the Honourable House of Commons any unnecessary Trouble; He does with a Sorrow, equal to his Crime, confess that he is Guilty of the Treason in the said Articles of Impeachment contained, and throws himself at his Majesty's Feet, imploring his Royal Mercy; and to incline His Majesty thereto, and induce your Lordships to recommend him as an Object thereof, he begs Leave to inform your Lordships, that when he, and the rest that were with him at Preston, had engaged in a Battle, a Cessation of Arms being agreed to, they had Intimations from His Majesty's Officers, that if they submitted, they might expect the King's Mercy; and History abounding with Instances of Conditions stipulated with Generals, even with Rebels, and afterwards agreed to, and confirmed by their Sovereigns, they were prevailed on by such Encouragement, together with the Consideration of His Majesty's known Clemency, to surrender themselves Prisoners, whereby the Lives of great Numbers of His Majesty's good Subjects were saved, which by an obstinate Resistance would inevitably have been destroyed; and therefore he most humbly begs your Lordships would be pleased to represent his Case to his Majesty in the most favourable Manner; not doubting but by your Lordships powerful Intercession, he shall find, that as he performed the Duty of a good Christian, in concurring to prevent the Effusion of Blood; so he acted the Part of a wise Man in relying upon a Mercy so extensive as that of his Majesty: And he presumes, when the Honourable House of Commons are apprized of the Nature of his Case, they will not interpose to prevent him from having a Share in the Benefit of that Mercy.

Nithisdale.

And the said Earl of Nithisdale being asked if he had any thing further to say, he said he had nothing, but to implore the King's Mercy; and his Answer and Plea was recorded accordingly. And he withdrew.

Then the Earl of Carnwath was brought to the Bar, and having there likewise kneeled, was acquainted by the Lord Chancellor with the forementioned Order, and asked the same Question as the Earl of Derwentwater.

He said he had no Answer in Writing, but desired to throw himself on the King's Mercy, and humbly implored their Lordships Intercession to his Majesty on his behalf; and assured the House, if the same were granted, he should think himself obliged to live under the strictest Tyes of Loyalty to his Majesty; and as to the said Articles, he said he was Guilty of the HighTreason contained in the said Articles of Impeachment against him; and the said Plea was recorded accordingly. And he withdrew.

Then the Viscount Kenmure was brought to the Bar, and having there kneeled also, was acquainted by the Lord Chancellor with the forementioned Order, and asked the same Question as the Earl of Derwentwater.

He said he had no Answer in Writing, but was Guilty of the Charge of High-Treason contained in the Articles of Impeachment against him, and begged the House would intercede with his Majesty for Mercy; and his Plea was recorded accordingly. And he withdrew.

Then the Lord Nairn was brought to the Bar, and having there also kneeled, was acquainted by the Lord Chancellor with the forementioned Order, and ask'd the same Question as the Earl of Derwentwater.

He said he threw himself upon the King's Mercy, and begged the Intercession of this House to his Majesty; and as to the Articles of Impeach [Page 12] ment exhibited against him, he said he was Guilty of the High-Treason contained in the said Articles; and his Plea was recorded accordingly.

Then he delivered in a Petition at the Bar, and the same was read as follows.

To the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled.

The Humble Petition of William Lord Nairn,

Sheweth,

THAT your Petitioner was educated, and hath always continued a Protestant, according to the Discipline of the Church of England; and tho', by reason of some mistaken Principles he unwarily imbibed in his tender Years, he did not in all respects conform to the late Revolution, lying under the less Necessity, for that he had married an Heiress, in whom all the Right of your Petitioner's Estate is invested; and tho' he never took the Oaths, yet he always peaceably submitted to, and lived quietly under the Government as by Law Established, until the breaking out of this Rebellion, in which your Petitioner was inadvertently involv'd, but not before the Lord Mar, and his Adherents, had for a considerable time made themselves Masters of Perth and Dunkeld, and thereby surrounded your Petitioner's whole Estate, and came to your Petitioner's House, lying in the middle between those places.

Your Petitioner heartily repents of this rash Undertaking, and solemnly declares he knew nothing of any previous Consultations, or Conspiracies, in favour of the Pretender, before he actually appear'd in Arms; nor knew any thing about crossing the Forth, until the Morning he was sent over under Macintoch's Command; and then was so far from approving of that Expedition, that tho' to avoid the Imputation of Cowardice he wou'd hazard his own Person therein, your Petitioner ordered back all his Dependents, and was only attended by his Son, and four Servants, who would not leave him in a time of Danger, tho' often desired; nor was your Petitioner privy to any Designs of Marching into England, for having been bred a Seaman, he had no Pretensions to Knowledge in the Land Service.

Your Petitioner being now sensible of his Errors, hath pleaded Guilty to the Articles of Impeachment of High-Treason exhibited against him by the Honourable House of Commons, and thrown himself at his Majesty's Feet; humbly beseeching your Lordships, in Commiseration of the deplorable Circumstances of your Petitioner, and his Twelve Children, to recommend him to his Majesty for that Mercy, which at the time of his Surrender he was made to believe he might reasonably expect.

This will lay your Petitioner and his Posterity under the greatest Obligations of Duty and Gratitude to his Majesty, and bind them for ever to bless your Lordships as the merciful Instruments of procuring such a Gracious Deliverance.

And your Petitioner shall ever pray, &c.

NAIRN.

And being asked if he had any thing further to say, he said he had not, and withdrew. [Page 13]

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Then the Lord High Steward stood up uncover'd, and declaring there was nothing more to be done by Vertue of the present Commission, broke the Staff, and pronounced it dissolv'd: And then leaving the Chair, came down to the Wooll-Pack, and said, Is it your Lordships Pleasure to Adjourn to the House of Lords?

And then the House Adjourn'd to the House Above, and the Lords and others returned in the same Order they came down.

FINIS.

Die Mercurii 24[deg] Aprilis 1723.

THE House (according to Order) took into Consideration the Report from the Lords Committees, to whom the Report and Original Papers delivered by the House of Commons at several Conferences, were referred; and who were Impowered by this House to Examine Christopher Layer and such other Persons as they from time to time should think proper: And the said Report being read, It is resolved by the Lords Spiritual and Temporal in Parliament Assembled, That this House is fully satisfyed and convinced, That a Detestable and Wicked Conspiracy has been formed and carried on, for solliciting a Foreign Force to Invade these Kingdoms, for Raising a Rebellion, and inciting Insurrections in London, and divers other Parts of Great Britain, and even for laying Violent Hands on the Sacred Person of His Majesty, and on His Royal Highness the Prince of Wales, in Order to Destroy Our Religion and Happy Constitution, by placing a Popish Pretender on the Throne.

Ordered, by the Lords Spiritual and Temporal in Parliament Assembled, That the Thanks of this House be given, by the Lord Chancellor, to the said Lords Committees, for their having Discharged the Trust in them Reposed, with great Exactness, Care, Fidelity, and Candor. Thereupon,

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The Lord Chancellor addressing himself to the Lords of the said Committee, (viz. Duke of Montrose, Duke of Dorset, Earl of Lincoln, Earl of Scarborough, Earl of Islay, Lord Viscount Lonsdale, Lord Viscount Torrington, Lord Bishop of Sarum, Lord Bishop of Lincoln) gave them the Thanks of the House in the following Words:

My Lords who were of the Committee,

I Am commanded by the House to give your Lordships the Thanks of this House, for your having discharged the Trust reposed in you, with great Exactness, Care, Fidelity, and Candour.

My Lords,

The Trust was as great as ever was reposed by this House in any of its Members. The Subject Matter of your Inquiry, a Conspiracy the most Dangerous as well as Detestable, big with Mischiefs of all kinds, and destructive of every thing that is valuable amongst us; carried on and managed in a new devised Method, with the utmost Cunning as well as Wickedness, and covered with all the Disguises the most artful Dexterity could contrive: and which therefore required the greatest Penetration and Skill to lay open. And the Papers, some of them of such Nature, that it was thought fit to refer them to your Lordships, lock'd up as they were, without reading them in the House.

My Lords,

Your Lordships have fully answer'd the Expectations the House entertained, when they pitched upon you for this Trust.

Your Application in going thro' so many Papers of affected and studied Obscurity; your Candour and Exactness in Examining the Persons concern'd, or any way capable of giving any Satisfaction, and in representing what [Page 3] they said; the Accuracy and Judgment of your Remarks; the Light you have so happily given to several Passages in the Report of the Committee of the Commons, which, tho' in themselves just, were yet liable to Cavils, by such as were loath to have the Truth found out, give, I dare say, a sensible Pleasure to every Lord here, that has heard your Report read, and finds himself thereby enabled to form a Judgment with so entire Satisfaction to himself, concerning this abominable Work of Darkness, which the Actors have endeavoured to surround with impenetrable Obscurity.

This noble Pleasure, of seeing the Truth, notwithstanding so many Contrivances to hide it, and of being thereby enabled to come to right Resolutions in a Matter of such Importance, has very naturally and agreeably broke out into so unanimous a Resolution of returning the Thanks of this House to your Lordships, to whom they so much owe it. And in Obedience to their Commands, I do, with particular Pleasure, give your Lordships the Thanks of this House, for your having discharged the Trust in your Lordships reposed, with great Exactness, Care, Fidelity, and Candour.

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ORdered, by the Lords Spiritual and Temporal in Parliament Assembled, that the said Report from the Committee, and the Appendix thereunto; together with the Resolution of this House upon Consideration of the said Report, and the Order for giving the Thanks of this House to the said Lords Committees, and the Thanks given by the Lord Chancellor to their Lordships pursuant to the said Order, be printed and published; and that the Lord Chancellor do give Order for forthwith Printing and Publishing the same, and that no Person do presume to print the same but such as shall be appointed by his Lordship.

Wm. Cowper,
Cler' Parliamentor'

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A REPORT FROM THE Lords Committees, to whom the Report and Original Papers delivered by the House of Commons at several Conferences, were referred; and who were impowered by the House of Lords to examine Christopher Layer, &c.

[N. B. The Numbers with Letters before them refer to the Appendix to the Report of the Committee of the House of Commons, and those without Letters refer to the Appendix to this Report.]

THE Committee to whom the Report and Original Papers relating to the Conspiracy, delivered by the House of Commons at several Conferences, were referred; and who were impowered by your Lordships to examine Christopher Layer, and such other Persons as they from time to time should think proper; having carefully compared the said Report with the Original Papers referred to them, and having examined several Persons in relation to the Treasonable Practices and Correspondences therein set forth, are fully satisfied and convinced, That a detestable and wicked Conspiracy has been formed and carried on for solliciting a Foreign Force to invade these Kingdoms, for raising a Rebellion and inciting Insurrections in London, and divers other Parts of Great Britain, and even for laying violent Hands on the Sacred Person of His Majesty, and on His Royal Highness the Prince of Wales, in order to destroy our Religion and Constitution, by placing a Popish Pretender on the Throne.

And the Lords Committees think themselves obliged in Justice to observe, that the extraordinary Vigilance and Application which has been shewn by the House of Commons in detecting this Scene of Iniquity, and laying its most hidden Springs in so full and clear a Light, as it has greatly contributed to the Publick Safety, by opening the Eyes, and awakening the just Resentment of an injur'd Nation; so it cannot fail to excite a proportionable Zeal and Emulation in your Lordships, for concurring with that House in the no less necessary Work of bringing the Authors of these wicked Designs to such exemplary Punishment as may be a lasting Admonition to Posterity, that Artifice and Disguise can no more lessen the Danger, than mitigate the Guilt of Treason, and that they act under a fatal Delusion, who hope to abuse the Lenity of our Laws to the Ruin of our Constitution.

The Lords Committees think it a strong Confirmation of the Truth and Exactness of the said Report, that several material Observations which are there advanced as grounded on probable Conjectures only, have since been amply verified and supported by fresh Discoveries arising from the Papers lately referr'd to them by your Lordships; which Papers are contain'd in an [Note: Number'd from 1 to 48 Inclusive.] Appendix annex'd to this Report.

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The Intelligence sent by Colonel Stanhope, and Sir Anthony Westcombe, in Relation to the Pretender's Ships under Morgan, as well as the Explication given by the Committee of the House of Commons to several of the fictitious Names in the intercepted Correspondence, is very much illustrated and confirmed by Papers seized on Board the Revolution, and by the Examinations of some of the Prisoners belonging to that Ship.

It appears by [Note: 17--48.] those Papers and Examinations, that Morgan, who went by the Name of Walton, and Gallwey (an Irish Roman Catholick) who went by the Name of Gardiner, with others acting under their Direction, have for several Years past been employ'd in fitting out Ships under English Colours, which were ready on all Occasions to attend the Motions of the Pretender, who in [Note: 19,20,21,25.] several of the Letters is stiled their King, and their Royal Master. That the Money for these Ships was supply'd [Note: 23,29,31.] partly by Persons in England, [Note: 17,21,22.] partly by Waters the Banker at Paris, and [Note: 17.] partly the late Duke of Ormonde; that one of these Ships, in the Year 1719, [Note: 36.] was sent by Morgan to the Groyne, with an Express to fetch the late Duke of Ormonde to England; at which time it appears, [Note: 23.] that Morgan and Gallwey were promis'd a Supply of Fifty Thousand Pounds from Friends in England; that others of these Ships lay hovering about the Coast of Britanny, from the Year 1718, to 1721, [Note: 22,24,27,31,32,34.] expecting to be employed either by Cane and Chivers (General Dillon) or [Note: 27,31,32.] by Hore, (Sir Harry Goring) in what they call their Home Trade. That in the Year 1721, despairing of any Employment of this kind, on account, as is express'd in [Note: 32.] one of their Letters, of Hore and his Partners being Cowards in Trade, they engaged themselves in the Service [Note: 17.] of the Swedish Madagascar Company, and in December 1721 rendezvouz'd in the Bay of Cadiz for this Purpose; but this Project likewise failing, on account of some Deficiency on the Part of the Swedes, Morgan waited on the late Duke of Ormonde at Madrid, and was by him supplied with Twelve Thousand Pieces of Eight, for fitting out the Ships Lady Mary and Revolution [Note: 47,48.] for the Pretender's Service; [Note: 17.] soon after Morgan's Return to Cadiz, the Arms and Ammunition which had been prepared for the Madagascar Voyage, consisting of Two Thousand Muskets, Two Thousand Bayonets, One Thousand Carbines, Four Hundred Barrels of Powder, and a proportionable Quantity of Match, Flints, &c. were consigned to Morgan, and by him put on Board the Pretender's Ship, called the Lady Mary; and Morgan having embarked on Board the said Ship with several Irish Officers, set Sail from the Bay of Cadiz the latter End of April 1722, and went first [Note: 47,48.] to Sancto Antonio, and then to Sancto Andero in the Bay of Biscay.

The Committee having sent for Mr. Gustavus Bâhr, formerly a Captain in the Swedish Service, who being at Cadiz on account of the Madagascar Expedition, had Occasion to transact several Affairs with Morgan, and the other Officers of the Pretender's Ships, they were informed by him that the Arms above-mentioned were brought, part of them from Gottemburg (sic) , and part from Hamburg, by one of the Pretender's Ships, named the Fortune, commanded by one Butler. That two thousand of the said Arms belonged to the Swedish Madagascar Company, and were delivered by him, Bâhr, to Morgan.

That the Remainder, which belonged to Count Rhenstierna a Sweed, were also purchased by Morgan, but not till some Weeks after the first two thousand. That Morgan went to Madrid, and returned with twelve thousand Pieces of Eight in Bills and Money, which Sum, he, Bâhr, saw in Morgan's Hands. That Baron Seebach, and one Osthoff (who are frequently mentioned in Morgan's Letters) as also Count Rhenstierna's Agent, who delivered the Arms to Morgan, declared to him, Bâhr, since his Return to Gottenburg, That Morgan was supplied with these twelve thousand Pieces of Eight from the late Duke of Ormonde, and that the Arms were paid for out of the said Money. And Morgan's Son being examined by the Committee, owned that his Father went at that time to Madrid, that the late Duke of Ormonde was then there, and that his Father did there receive Bills for fitting out the Ships, but from whom he cannot tell.

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Bâhr farther declared, That all the Swedish Officers at Cadiz looked on Morgan's Ships as belonging to the Pretender, and spoke of them in all Conversations as such, which was confirmed to him expresly by Baron Seebach and Osthoff; and one of the Sailors of the said Ships owned to the Committee, That they went from Port to Port without taking in any Cargo; That they had sometimes but sixty, and sometimes one hundred and thirty Men on board the Revolution, and often received Orders for Sailing with all possible Expedition, which Orders were afterwards countermanded, without any apparent Reason for one or the other, and that this unaccountable Proceeding satisfied him, the said Ships were engaged in some unwarrantable Design. Bâhr farther declared, That Osthoff told him, the Ship Revolution was at first purchased in England, for transporting the late King of Sweden in Person, in his projected Descent on Scotland; and that he, Bâhr, saw the Name Carolus still standing in the Cabin of the said Ship, when he was last on board her. And Morgan's Son owned, That he had observed the Arms of the Crown of Sweden in the said Cabin, which he supposed were placed there as a Token that the said Ship was engaged in the Service of the Swedish Madagascar Company, tho' he owned that the other Ships engaged in the same Service had no such Token.

Some of the Particulars above-related, do very much explain and confirm [Note: AA 5.] O's Letters to L of the 27th of April, as also [Note: AA. 4,6.] those to Dunville and Dodsworth, in which it is said, That the Hopes of Remittances from Persons in England had induced O to supply M (which appears to be Morgan). That O could depend on two thousand Arms from M (which appear to be the two thousand Arms delivered to Morgan by Bâhr [Note: 17.] before the Date of O's Letter. That M had writ from C (which appears to be Cadiz) that he could get more Arms if he had more Money; and accordingly the Committee find that a second Supply of Arms was purchased by Morgan from Count Rhenstierna's Agent. O in his [Note: AA. 5.] Letter to L dated the 27th of April, says; ‘'I have order'd M's Ship to come to A,'’ and it [Note: 17.] appears that Morgan did at that very time embark on board the Lady Mary, with the Arms above-mentioned, and [Note: 47,48.] went first to Sancto Antonio, and soon after to Sancto Andero.

The Sailors on their Examination having mentioned one Hilton, as commanding a Ship under Morgan, and the Committee finding a [Note: 27.] Letter from Morgan, directed to Don Nicholas, which in a subsequent [Note: 28.] Letter is mentioned to have been writ to the said Hilton, they thought it probable Hilton might be a fictitious Name for Nicholas Wogan, in the same manner as Walton was for Morgan, and Gardiner for Gallwey; having accordingly examined the Sailors as to this Particular, one of them said, he believed Hilton was a fictitious Name, and Morgan's Son owned that Hilton's true Name was Nicholas Wogan, and that he had been confined in England on account of the Preston Rebellion, as he was told by Nicholas Wogan, Jun. who went by the Name of Paterson: and one of the Sailors declared that the said Wogan, Sen. obtained the Command of one of the Ships under Morgan, after their Arrival in the Bay of Cadiz.

These Particulars agree with Glascock's [Note: E. 31.] Letter to George Kelly of the 24th of April, O. S. in which he mentions Nicholas Wogan by the Name of Xoland, as being to have the Command of a Vessel at Cadiz, to Cruise against the Turks, or for other Views, on which he will not pretend to decide; and Kelly [Note: E. 35.] answering this Letter, wishes Wogan's Chief may succeed in his Journey. The same Particulars confirm Mr. Crawfurd's [Note: A. 30,31.] Letters of the 18th and 25th of July, by which it appears, that the two Nicholas Wogan's were at that time come to Morlaix, expecting Morgan's Ships to follow them to that Port in order to their setting Sail for England; that the eldest of them was to have been Captain, and the other Lieutenant of one of those Ships, and that they owned the Project in Spain, [Page 8] by what they had learnt of it, was for the late Duke of Ormond to have landed in the West with Irish Officers and Arms.

On the 8th of June, N. S. Colonel Stanhope [Note: A. 15.] writ Word that the late Duke of Ormonde was preparing to Embark with Arms and Officers for England. And your Committee find, that [Note: 47,48.] about that time the Ship Revolution set Sail from the Bay of Cadiz; That the Sailors knowing the Madagascar Voyage to be dropped, refused to do their Duty till they were satisfyed as to the Place they were designed for. That hereupon Gallwey assured them it was to Gibraltar, in order to clean the Ship; but having got them under Sail, and satisfyed them about their Wages, they proceeded to the Bay of Biscay; That they put in at Sancto Antonio to take Morgan on Board, and then joyned the Lady Mary at Sancto Andero. That upon their Arrival at this Place, the common Report on Shoar was, That the late Duke of Ormonde and four Companies of Soldiers were to be taken on board the Revolution; That Corn and Cattle were provided for the said Soldiers; and that the late Duke of Ormonde was within a short Day's Journey of Sancto Andero; That hereupon the first and second Mate of the said Ship, suspecting Gallwey to be engaged in some unwarrantable Design, agreed not to serve any longer, unless Gallwey would give them a Note under his Hand, that they were forced into the Service, and would also declare whither they were bound, and give them Security that they should not be employed in any other Voyage than such as he should declare to them; whereupon one of them was confined, and the other discountenanced by Gallwey.

But that Gallwey's real Expectations were to have come over with the late Duke of Ormonde, appears to the Committee most evident from the [Note: 39.] Copy of a Letter of his, dated the 16th of June, the Day before he set Sail from Cadiz, in which are these Words, ‘"I hope the will sail To-morrow; your not repeating Orders and Advice concerning the Business in Hand gives me a thousand Apprehensions; God send our Bankers and the rest of our Friends are safe, and stand their Ground. I intend to Embark my-self on Board the for fear my Dear Aunt should have any Occasion for Assistance, of whom I am so tender that I would not if possible have the Care of her put into any other Hands.’

The Committee observe that the same Expression of My Aunt is used in the Letter to Dodsworth with such Circumstances as make it highly probable that in that [Note: AA. 6.] Letter, as well as this of Gallwey's, it denotes the late Duke of Ormonde. They likewise observe, that the Names of Manfield and Medley are used in Morgan's and Gallwey's Letters in such a Manner, as confirms those Names to mean the late Duke of Ormonde, agreeable to the Explication given them in the Report of the Committee of the House of Commons.

Gallwey in his [Note: 42.] Letter of the 3d of November 1722, says, He has a couple of fine Grey-hounds, a Dog and a Bitch, for Mr. Freeman; the same Dogs are mentioned in [Note: 19.] another Letter and in the [Note: 47,48] Depositions of two of the Sailors to have been a Present from the late Duke of Ormonde, to the Pretender; which confirms the Explication of the Name of Freeman, mentioned in the said Report, to be true.

There was likewise seized on board the Revolution, a [Note: 26.] Letter to Gallwey, signed John Obrien, which appears to be in the same Hand-writing with the [Note: F. 14.28.] Letters signed Gerrard and M. Digby taken among Mr. Dennis Kelly's Papers, and confirms Gerrard to mean Sir John Obrien, one of Dillon's Secretaries, agreeable to the Conjecture in the said Report.

Gallwey, in a [Note: 40.] Letter dated from Alicant Bay, the 13th of September last, expresses his Concern for Kelly's Confinement, but hopes that is the worst that can befall him; and a [Note: 46.] Letter in Kelly's Hand-writing signed Jo. Johnson, directed for Gardiner, but enclosing a Note for twenty Guineas payable to Gallwey, was found on board the Revolution, as also a Direction entred with Kelly's own Hand in a [Note: 45.] Pocket-Book, supposed to belong to [Page 9] Morgan. Kelly in his Letter acknowledges the Receit of one from Sir John (which is probably their common Correspondent, Sir John Obrien) and says their Friends in Spain are well, as one of the Family writes him Word: which shews how extensive Kelly's Correspondencies were.

Gallwey in a [Note: 42.] Letter from Genoa of the 3d of November, 1722, (which appears to have been writ to one of the Pretender's Family) says he has acted for many Months past under the Direction of Medley (Ormond) who, he makes no doubt, has mentioned him to Mr. Freeman (the Pretender); yet in his [Note: A. 45.] Letter to Lord Carteret, after his Ship was taken, he has the Assurance to affirm that he never saw the late Duke of Ormond since he left England, nor ever corresponded directly or indirectly with him or the Pretender, or any of their Adherents at home or abroad, but was always zealously well affected to His Present Majesty and our happy Establishment.

Gustavus Bâhr abovementioned [Note: 17.] deposes among other Particulars that he has been informed the Pretender's Agents had Arms for three thousand Men, lodged at a House belonging to the late Duke of Ormond, near Morlaix in Britanny; which Port the Committee observe was one of the usual Stations of the Pretender's Ships under Morgan; and it appears probable that these three thousand Arms made part of the ten thousand mentioned in O's [Note: AA. 5.] Letter to L as provided by D, who is supposed to be Dillon.

Robert Franklyn, second Mate of the Ship Revolution, [Note: 48.] deposes, that Letters directed to John or James Jacobs, at Genoa, were taken up at the Post-house by Gallwey. The Committee observe, that Jones in his [Note: D. 10.] Letter to Chivers, mentions his having communicated the Copies of Mansfield's and Jacobs's Letters; and Glascock in his [Note: E. 37.] Letter to George Kelly of the first of May, says; ‘"He hopes Money is sent to pay for the Barrels, which Jacobs has at his Disposal:"’ In both which Places it is probable that Jacobs means Gallwey; and that Barrels mean Stands of Arms, is confirmed by a [Note: 27.] Letter of Morgan's, in which speaking of that very Ship that brought the Arms above-mentioned from Gottenburg and Hamburg to Cadiz, he says, ‘"She had received Orders for taking in nineteen Barrels, with every thing necessary to make use of them:"’ Which last Words seem to refer to the Bayonets, Flints and Powder. [Note: A. 9.] The Intelligence sent by Mr. Crawfurd, on the 27th of May, That Gordon of Boulogne was to have a Ship ready to transport some of the Chiefs of the Conspiracy to England, is confirmed by the Deposition of Roger Garth (already published) who declares, ‘"That the said Gordon (whom he had good Reason to believe to be an Agent of the Pretender's) did some time last Summer endeavour to engage him to ply off of that Station with his Sloop, in order to carry over such Persons as he the said Gordon should recommend to him, promising him that he should have Employment enough.’

The Lords Committees conceive, that the several Particulars above related, will appear to the House very much to corroborate the Accounts received from Abroad of Ships provided for transporting the late Duke of Ormond to England, with Arms and Officers, the beginning of last Summer; and that they also confirm the Decyphering of the Letters, and Explication of the Names, contained in the Report of the Committee of the House of Commons.

The Lords Committees observing that some Paragraphs of the Letters referr'd to them were writ originally in Cypher, thought it proper to call the Decypherers before them, in order to their being satisfied of the Truth of the Decyphering. The Account they receiv'd from those Persons, was, that they have long been versed in this Science, and are ready to produce Witnesses of undoubted Reputation, who have framed Letters in Cypher, on purpose to put them to a Tryal, and have constantly found their decyphering to agree with the Original Keys which had been concealed from them; it was likewise confirmed to the Committee, that Letters de [Page 10] cyphered by one or other of them in England, had exactly agreed with the decyphering of the same Letters performed by Persons in foreign Parts, with whom they could have no Communication; and that in some Instances after they had decyphered Letters for the Government, the Keys of those Cyphers had been seized, and upon comparing them, had agreed exactly with their decyphering.

With respect to the intercepted Letters in Question, they alledged that in the Cypher used by George Kelly, they find the Words ranged in an alphabetical Order, answering the progressive Order of the Figures by which they are expressed, so that the farther the initial Letter of any Word is removed from the Letter A, the higher the Number is by which such Word is denoted; that the same Word will be found to be constantly denoted by one and the same Figure, except in the Case of Particles or Words of very frequent Use, which have two or three Figures assign'd to them, but those always following one the other in a progressive Order. They likewise set forth, that in the Cypher above-mention'd a certain Order is constantly observed as to the placing of the Words made use of, that under each Letter of the Alphabet the first Cyphers are allotted to the proper Names of Places, the next to the proper Names or Titles of Persons, the next to whole Words in common Use, and the last to denote single Letters.

As to the Truth of the Decyphering, they alledged that several Letters written in this Cypher had been decyphered by them separately, one being many Miles distant in the Country, and the other in Town, and yet their decyphering agreed; that Facts unknown to them and the Government at the time of their decyphering had been verified in every Circumstance by subsequent Discoveries, as particularly that of H's Ship coming in Ballast to fetch O to England, which had been so decyphered by them two Months before the Government had the least notice of Halstead's having left England: That a Supplement to this Cypher having been found among Dennis Kelly's Papers the latter end of July, agreed with the Key they had formed of that Cypher the April before: That the decyphering of the Letters signed Jones, Illington, and 1378, being afterwards applied by them to others written in the same Cypher, did immediately make pertinent Sense, and such as had an evident Connexion and Coherence with the Parts of those Letters that were out of Cypher, tho' the Words in Cypher were repeated in different Paragraphs and differently combined. And they insist that these several Particulars duely weighed amount to a Demonstration of the Truth of their decyphering.

As to the other Cyphers made use of by Jernegan, Stanley, and Walter Grahame, they consist only of twenty four Figures , for the twenty four Letters of the Alphabet, and some other Figures for proper Names or whole Words, in the placing of which Names a certain Order is also observed.

These several Particulars they declared themselves ready to attest upon Oath, and to produce sufficient Witnesses to their Character and Integrity as well as their Skill.

The Committee being empowered by your Lordships to examine Christopher Layer, did accordingly spend some time in the said Examination, which produced a tedious Repetition of the Particulars contained in his Examination before the Committee of the House of Commons, and some few Circumstances which they found he had recollected by reading the printed Report and Appendix.

All that he confessed to them which is new, was, that he did before his setting out for Rome acquaint Plunket with his Intentions of carrying over a Note of the Names of the Tory Gentlemen of Norfolk, if Plunket thought it would be acceptable; that during his Stay at Rome, Sir William Ellis told him, that he had formerly corresponded with Plunket at the Request of the Lady Middleton, but that he had not for some time past corresponded [Page 11] with Plunket, or any one else, in relation to the Pretender's Affairs; for that from the time of the Action at Dumblain so many Scottish Noblemen and Gentlemen had come over to the Pretender, that he and all the rest of the old Servants had been forbid all Correspondence in England, or elsewhere. Upon Layer's desiring leave to correspond with him if it were practicable, he told Layer, that on Condition he would promise to write nothing but what might be shewn to the Pretender himself, he would settle a Correspondence with him; for that tho' he had followed the Fortunes of the late King James and his Family, ever since the Revolution; and had always been faithful to the Pretender, and for many Years his Cashier, yet if any of the Scottish Gentlemen that were about the Pretender should know he received a Letter without communicating it to him, it would cost him his Place, and he should be in utter Disgrace: That Layer promising to write nothing but what might be shewn, Ellis gave him a Cypher of his own Hand-writing, as also another Cypher of cut Paper for carrying on the Correspondence; that he Layer likewise settled a Cypher of fictitious Names with Mrs. Hughes, Nurse to the Pretender's Child, and received a Letter from her in relation to the Christening of his Daughter. He would not own that he knew of any other Cypher, and persisted that Mrs. Kinder meant the said Mrs. Hughes, tho' in Ellis's Cypher it stands for Mrs. Fox. He said that the Paper which he desired a Copy of from Sir William Ellis, and which is referred to in [Note: BY. 38.] Ellis's Letter of the 30th of January, was a short Scheme relating to the Preston Affair shewn him by Ellis while he was at Rome, of which he remembers no other Particulars, but that Insurrections were to be begun in several Counties in a dark Night. That when he made Application to Plunket for the fictitious Names of Burford, Steele, &c. he was forced to acquaint Plunket with his having settled a Correspondence with Ellis, which Plunket resented, and said he thought Ellis had been forbid all Correspondence with Persons here. That the Reason of his asking Plunket for a fictitious Name for Lord Orrery, was that he had occasion to mention to Ellis a Club which Plunket had often told him of; That Plunket once shewed him a List of this Club of his own Hand-writing, which he read over two or three times, but that Plunket talked so inconsistently of them, that he Layer verily believes it was a mere Fiction of his own, and that there never was any such Club. That he Layer thinks Lord Orrery mentioned to him Lord Strafford, as one of those who, with Lord North, Sir Harry Goring, and others, were (as Lord Orrery was informed) going to do a rash thing in favour of the Pretender; but that he cannot be positive as to Lord Strafford. That he Layer wrote himself to the Pretender, concerning the Difference of Opinion which he observed in Lord North and Lord Orrery about the Means of restoring him and the Necessity there was that the Regent should permit General Dillon to come over here with some foreign Forces. That he also drew up a Scheme of a Lottery to have been opened here in favour of the Pretender, and enclosed the said Scheme in a Parcel with some Silk Stockings which he sent as a Present to the Pretender and his Spouse, by Andrew Haye, who travelled to Italy with Alderman Barber. That he delivered this Parcel to Haye with his own Hands, who promised to convey it to Ellis, and said he could do it with Safety. That Haye, as he believes, understood the Stockings to be for the Pretender and his Spouse; That he likewise had some Discourse with Haye about getting Copper Plates engraved at Rome in English and Italian for the Tickets of the said Lottery, and desired him to receive Sir William Ellis's Directions about it, which Haye promised to do. That while he Layer was at Rome, Haye asked him whether he would not see the King, meaning the Pretender; and that the said Haye went frequently to the Pretender's Family in the way of his Business, and was, as he believes, present while the Pretender's and his Spouse's Pictures were drawn.

[Page 12]

Haye being examined by the Committee, owned the Receit of the Stockings, but denied their being delivered to him by Layer, or that he knew who they were for. He likewise owned the carrying a Packet to Belloni, the Banker at Rome, which was brought to him by a Porter from Layer, as he supposed.

Layer owns, that Haye told him Belloni was the Pretender's Banker, but denies his sending any such Packet by Haye; and in several other Particulars of their Examinations they contradicted each other.

[Note: 1.] A Scheme of the Lottery above-mentioned (for raising 225,000 Pounds Sterling) having been found among the Papers of Walter Jefferyes, now in Custody, the Lords Committees thought proper to examine him now he came by it; he owned his being acquainted with Layer and Plunket, that he saw Layer about the time of his going abroad, and helped him to a Bill on a Banker at Antwerp; but he denied his knowing from whom he received the said Scheme, or his having had any Conversation with any one about it, and said it might be put into his Hands by Plunket, for ought he knew, but that he was not sure he had ever read it, and if he had known such a Paper had been in his Custody he should have destroyed it.

The Lords Committees being informed that Layer, between the time of his delivering the larger and lesser Bundle of Papers to Mrs. Mason, had deliver'd to her a large Parcel covered with blue Paper and sealed in several Places, and that he did within a few Days after take it back again, telling her he wanted to carry it to Lord North and Grey's, they examined Layer particularly on this head, but he denied that he ever delivered her any such Bundle.

The Lords Committees next proceeded to the Examination of John Plunket, who began with large Protestations of his Innocence, and offered of himself to account for three Facts charged upon him in the Report, and to shew they were great Mistakes. The first was, his receiving a Letter from George Kelly; the second, his receiving the Letter at Antwerp, signed Dixwell; and the third, his receiving the Letter from the Pretender, taken at Mrs. Creagh's. And as in his Examination before the Committee of the House of Commons he had fallen on the Expedient of substituting Hugh Thomas to personate Rogers, so now they found he had furnished himself with three different Persons, at different Places, all of the Name of Plunket, to whom he would have it believed these Letters were written, without offering any the least Proof or Circumstance of Probability to shew that such Persons were at all concerned in those Letters, or that there ever were any such Persons in being.

The Letter from George Kelly, he said was not writ to him, but to one Harry Plunket, who delivered it to him at Will's Coffee-House, CoventGarden, and that it related to some Money that was to be raised on a Security of Mrs. Barnes's.

As to the Letter signed Dixwell, he said, there were two Clergymen of the Church of Rome, one or both of which travelled with him and Layer, from Dover to Antwerp; that one of them went by the Name of Loyd, but his real Name was Plunket. That this Man dropped the Letter signed Dixwell, at a Coffee-House, and he John Plunket taking it up with a design of restoring it to him in Lorrain, (to which place sometimes one and sometimes both of these Clergymen were gone) shewed it to Layer, who took it into his Head that this Letter had been writ to him John Plunket.

The Letter from the Pretender, he said, fell into his Hands much in the same manner; that there is one Father Plunket at Rome, to whom the Pretender always writes when any Body is to be introduced to him. Being asked whether Father Plunket travelled with Layer to Rome, (because mention is made in the Pretender's Letter of a Companion of Plunket's) he said the Pretender always called the Person that was to be introduced by Father Plunket, his Companion. That this Father Plunket happening to shew him this Letter, and commending the Hand , he John Plunket [Page 13] said he had a Friend at Rome, that would be glad to see the Pretender's Hand writing. And Father Plunket having accordingly left the Letter with him, he shewed it to Layer, and forgot to return it to Father Plunket, who never called for it, having fifty more Letters of the same kind by him.

Upon the Lords Committees asking him whether he went by the Name of Rogers, he said he went by several Names in his Travels, that he might not be imposed upon in his Reckonings, as the English generally are. Being asked whether he took the Name of Rogers to prevent his being thought an Englishman, he said that in Italy he was called Rogieri.

They farther asked him, whether he had dictated any fictitious Names to Layer, or had mentioned any thing to him of a Club; to which he answered, that he had given Layer the fictitious Name of Bedford or Burford, for Lord Orrery, which Name he had from Neynoe. That one Night being in Company with Layer, and some Clergymen whose Names he has forgot, the Discourse turning on the Protests of the Lords, and the Names that were subscribed to them, one of the Company said, These are a Loyal Club; another said, They are Jacobites; and that he Plunket said there was a Loyal Club of eighty or ninety Lords who would stand in Defence of their Country.

He farther observed to the Committee, that in the Bill now depending before your Lordships, he is not mentioned by the Name by which he was baptized and confirmed; he said his Sirname was Plucknet, but his Christian Name he declined telling; and seemed to place some Hopes and Confidence in this Subterfuge.

The Committee finding him trifle with them in this egregious manner, asked him in general, whether he had ever been in Conference with the Pretender, or had corresponded with him, or any of his Agents; to which he answered in the Negative.

The Committee next sent for George Kelly, who told them that the Affair being soon to be brought before your Lordships, he desired to be excused from answering any Questions; so that they had no Opportunity of examining him as to the new Matters alledged against him in the Depositions of Mr. Philip Caryll and others.

However they thought it proper to send for the said Mr. Caryll, and to ask him whether he had any thing to add to or retract from his former Accounts. His Depositions being read over to him, he expressed himself very Angry and Uneasy at their being made Publick, and told the Committee he was not disposed to answer any farther Questions, being sorry for what he had said already; he likewise insinuated, that what he had said had not been taken down exactly as he dictated it, and seemed apprehensive that he was called upon to accuse himself of Matters that might be prejudicial to him. But upon the Committee's telling him that the most effectual way he could take to do himself Service, was to make a candid and ingenuous Discovery of the whole Truth, he said he had already given a candid Account, and hoped he should not have been a Sufferer for his Candour. Being asked whether his Depositions had not been read over to him before he signed them, he said they were; but that he was in a great Confusion at the time they were taken: Being then required by the Committee to read them over himself, and to shew in what Particulars they vary from his Sense and Meaning, he grew more composed; and having read over the first, dated the 27th of March, said, he believed it was right enough; in reading over the second (dated the 29th of March) he said it was not strictly true that Sir Harry Goring had told him what is there related, concerning an Invasion, Commission, &c. but that it was true, he had heard Sir Harry Goring say so; that as to Lord Lansdown's being to Land in the West, he could not be positive, but he thinks Sir Harry Goring said so; he said, it was but a Supposition of his own, that the Discourse [Page 14] which occasioned the Bishop of Rochester's taking Sir Harry Goring by the Collar, related to the Pretender's Affairs; but that he remembers very well, Sir Harry Goring did affirm, that on his saying the Words there recited, this is Rocking the Cradle indeed) (sic) the Bishop did take him by the Collar, and that he, Caryll, did Apprehend the said Discourse to have Relation to the Pretender's Affairs. He said it was about two Years ago that being at Sir Harry Goring's he saw a Letter lye on his Scrutore, directed to Mr. Hore, and upon his asking Sir Harry who the said Letter was for, Sir Harry told him it was writ to himself; he said that the Words in his Deposition which Import, that he, Caryll, had Reason to believe Kelly and Sir Harry Goring were settling together a Key at his House at North, by which they might Correspond, are too strong; for that he, Caryll, did not see any such Key, only it was his Suspicion and Thought at that time that they were framing such a Key.

He likewise said, that what relates to Boyce in the said Deposition is rather stronger than he meant it, for that Boyce only told him he was afraid the Servant he Caryll had sent to him to help off was Sample, alledging this Reason, that he had observed he was disguised, and that he was afraid he was somewhat like the Description given of Sample in the Proclamation. All the other Particulars of his Depositions he averred to be true, but said, he had nothing farther to add, and that he would rather a thousand times die in Newgate, than be an Evidence.

Boyce, being examined by the Committee, owned that Sir Harry Goring went to France in his Yatch, and that a Servant went over with him in a Black Whig, whom he had never seen with Sir Harry Goring before; but he utterly denyed his having conveyed over any Person sent to him by Mr. Caryll, or his having had any Discourse with Caryll about any Person's answering the Description of Sample.

The Committee having summoned before them William Beasing, of Horn Dean, and having read to him his former Depositions, find that he retracts what he had there deposed on Oath, ofCaryll and Sir Harry Gorring's being in Company at his House with the Person who had but one Hand; he says, such a Person was at his House with two other Gentlemen, but that he now recollects Caryll and Sir Harry Goring were not there at that time. Being asked whether he had received any Letter or Message, since his being in Custody, which had helped to set him right in this Particular, he answered in the Negative.

The Committee observe from the Parts of Mr. Caryll's Depositions which he affirmed, that the Explication given to the Name of Hore, in the Report of the Committee of the House of Commons, as also the Decyphering of that part of Kelly's [Note: E. 35.] Letter which mentions Hore's Commission, and the Conjecture of Goring's having carried over a new Cypher from Kelly to France, are very much confirmed. They likewise observe that what is said in Glascock's [Note: E. 79.] Letter to Kelley of the 20/31 of October, concerning the Arrival of the little French Merchant, mentioned by Kelly, and the Precaution they intend to use in relation to him till some other appears with whom they may talk of Business more to the Purpose, has probably relation to Sample's being got safe to France. And the Letters signed Fra. Phillips, which Caryll owns he received from Kelly, not not only confirms Kelly's writing by fictitious Names, but is a strong Argument of his being the Person that writ the [Note: E. 75.] Letter to Bonnaville of the 27th of September, and consequently the other Letters charged upon him, in the Report. For as in his Letter to Caryll, he says: ‘"I have never heard a Syllable from your other Lawyer, (Sir Harry Goring) since you and I were with him, which you'll say is pretty surprizing and am afraid very Detrimental ’. so in that to Bonnaville (writ within five Days of the other) he says, ‘ I have not heard a Syllable from D. Gainer, or G. Roberts, since Mr. G. Sampson went, which has [Page 15] been a great Surprize, and I may say no small Detriment, to some of their Friends."’

This Identity of Expression, in two Letters writ so near the same time, appears to be a farther Confirmation that the same Person writ them both, and confirms G. Sampson to be the same with the other Lawyer, which Caryll has explained to mean Sir Harry Goring.

The Lords Committees also find in the Papers referred to them new Evidence of Kelly's visiting, writing to and receiving Letters from the Bishop of Rochester, as appears by [Note: 13,14.] Affidavits from the Persons who carryed Kelly to the Bishop's House, and who also delivered Letters from him to the Bishop, and brought back the Bishop's Answers; and Mrs. Levett [Note: 11.] deposes on Oath, that Mrs. Barnes has told her Kelly received in one Day as many Letters from abroad as came to fourteen or fifteen Shillings, the Directions of which she Barnes saw, but they were in such odd fictitious Names, as no one could find out but Kelly, who had the Key; that among these Letters there was one for the Bishop of Rochester, (as Kelly told her) which he was at that time, gone to deliver to the Bishop. And John Malone [Note: 12.] deposes, that among the Letters which he carryed from Kelly to the Post, there were some directed to Waters the Banker at Paris, under whose Cover it appears that most of the Treasonable Letters were sent, and the original [Note: E. 21.] Letter in Kelly's own Hand stopt at the Post-Office was inclosed in a Cover so directed. Mrs. Levett farther [Note: 11.] deposes, that Mrs. Barnes told her, under Secrecy, that the Dog sent from France was a Present from the late Lord Marr, to the Bishop of Rochester's Lady; which is in some measure confirmed by the Draught of the Affidavit prepared for Birmingham at Paris, in which he is desired to swear that Lord Marr knew nothing of any such Dog; and though this Affidavit does not appear to have been sent over by Kelly directly, yet express Mention is made in the Letter to Gordon, that the said Affidavit is the Copy of a Note from the Person concerned, with the Substance of what he thinks requisite. This Circumstance of the Dog's having been sent by the late Lord Marr, which is not expresly alledged in any part of the Report of the Committee of the House of Commons, is a new Confirmation that the [Note: E. 32.] Letter signed 918, which mentions the sending the Dog, is from Marr; and that Musgrave, to whom the Receipt of the Dog is acknowledged in [Note: E. 35,42.] two several Letters, is likewise a Name denoting Marr, agreeably to what is asserted in the said Report.

The Committee find by [Note: 15,16.] two Affidavits referred to them, that George Kelly, the last time he was taken into Custody, offered the Woman of the House a Gold Watch, forty Guineas in Money, and a Note for forty Pounds more, to let him escape.

The Committee have laid the Substance of these several Examinations together, as having some Reference to George Kelly.

They likewise examined Mr. Dennis Kelly, who utterly denied his being advised with, or knowing any thing relating to any Conspiracy. Several Papers found in his Custody being shewn to him, he denied his having ever seen them before, except when some of them were shewn to him at former Examinations.

They next sent for Captain Pancier, and having ordered his [Note: D. 1,2.] former Depositions to be read to him, ask'd him whether he had any thing to Add, or Retract; he affirmed every Part thereof to be true, and said he had only this farther Particular to add, That having lately seen George Kelly, as he was brought down to the House of Commons, he recollects that he has often seen him at the Gaming-Tables with Skeene, and that Skeene and the said Kelly were intimately accquainted, as he is able to prove by several Witnesses of Credit. Skeene being call'd in, and having heard Pancier's Depositions read over to him, own'd, That he was acquainted with Pancier, and had been in Company with him at several of the Times and Places mention'd in the said Depositions; That he was taken Prisoner in the Preston [Page 16] Rebellion, but is not related to Marr, nor has ever seen Mackintosh since he parted from him at High-gate: He own'd he had had general Discourse with Pancier relating to a Plot, and that Pancier had ask'd him several Questions about it, to some of which he (Skeene) assented, and to others not; but he deny'd his having told Pancier any farther Particulars than were in the News Papers, or in the Current Report of the Town. As for Instance, when Pancier asked him where the late Duke of Ormond was, he told him the News-Papers said he was at Corunna; but he positively denied his having ever mentioned to Pancier any Particular Persons as concerned in the Conspiracy, or any of the Particular Facts specified in his Depositions.

He farther said, he had reason to believe that Pancier had sent to him since his being in Custody, to advise him to make his Escape, for that one Gerrard Fitzgerald having been walking with Pancier in the Park, came directly from thence to him, Skeene, at the Messenger's House, and advised him to make his Escape; tho' he owned that Fitzgerald made no mention of Pancier's having sent him any such Advice.

Fitzgerald being sent for by the Committee, owned he had been to see Skeene, and finding no body at that time in the House but a Woman, told Skeene it would be an easy Matter for him to escape; but he cleared Pancier from having sent any such Intimation or Advice. He farther said, that Skeene told him he did not know but he might have talk'd foolishly to Pancier, but that if he had, Pancier was but a single Evidence, or to that effect.

The Committee find, among the Papers referred to them, a [Note: 7.] Copy of the Orders which Arnold received from the Owners of the Ship Phineas, requiring him to follow the Directions of Roger Nowell (Halstead) during the Voyage; as also an [Note: 8.] Affidavit, by which it appears, That the said Halstead was to visit the Bishop of Rochester, and staid an Hour at his House, a few Days before his setting out for Bilboa.

They also find a very remarkable [Note: 6.] Letter to one of the Secretaries of State, by an unknown Hand, dated the 12th of February, 1721-22, and inclosed in [Note: 5.] one, dated the 31st of March; which first appears to be the Letter referred to in [Note: E. 9.] one of Neynoe's Examinations, as drawn up by Kelly and himself, and brought back to him corrected, as he believ'd, by the Bishop of Rochester.

They likewise find a [Note: 2.] Paper taken in Lord North and Grey's Study at Catlige, which contains several very extraordinary Reasonings on the Nature of Oaths; tending to prove, That the Oaths to the present Government are not Obligatory, and that tho' the taking such Oaths is in its self unlawful, and a grievous Sin, as being inconsistent with Prior Oaths, or Obligations, yet neither the taking nor breaking them can in strictness fall under the Denomination of Perjury.

This is the Substance of what the Committee have been able to collect from a careful Perusal of the Papers referred to them and a long Examination of several of the Persons concerned, in some of whose Power they have Reason to believe it was to have made ample Discoveries, if they had been disposed to speak the Truth.

And tho' the Lords Committees cannot reflect, without Pity and Compassion, on the misguided Zeal, and wretched Infatuation of those Men, who rather chuse to expose themselves to the greatest Dangers, than to discover the Authors or Accomplices of their Treasons; thereby declaring to the World, that the Leagues and Confederacies of private Villany are dearer and more sacred to them than the strongest Tyes and Obligations of Society; yet the Committee make no doubt but the Matters contained in the Report referred to them, and corroberated by the Result of their present Enquiry, will appear to your Lordships so clearly made out, that the Conspirators, sooner or later, will have leisure to repent of the rash and impious Choice they have made, of being rather true to one another, than to God, their Consciences, and their Country.

FINIS. [...]

THE Rights and Liberties OF SUBJECTS Vindicated.

THAT Happiness is infinitely preferable to Misery, is a Truth, which every intelligent Being will allow, and every good Being will prove by Action. However differently Men may conceive about other Things, in this they will all unanimously agree, as a Point that admits of no Debate. The various Me [Page 4] thods they take to procure Pleasure demonstrably shew they love it above Pain. And though they may mistake in their Choice of Objects, yet none choose the latter for its own Sake.

For this Reason it is, that God being infinitely Wise and Good, and uncapable of erring in his Judgment of Things, could form Mankind for Happiness only; and could have no other View in creating them, than to diffuse Bounty and Goodness among them, and communicate such a Variety of Pleasures, as might be suitable to their compound Nature. To say that he formed any of them for Misery, is to say he is neither Benevolent nor Wise, since that of itself, could answer no wise End. Or to affirm that he works upon them like Machines, and determines them always in their Choice of Things, is to deny they are indued with Reason or Understanding, or subject either to Rewards or Punishments.

That there can be no true Happiness but in the Way of Liberty, is a Truth, I believe, next to Demonstration. And [Page 5] that there can be no Liberty without Free-agency, is as certain and evident, as that Liberty is Freedom. The Pleasure we receive from external Objects, must be suited to the Appetite we intend to gratify. And that which results from the Actions of our Lives, whenever we would have it intense or durable, must be supposed adapted to to to (sic) our reasonable Faculties, and to spring from a Consciousness of having done well. But, if we had no Liberty to choose in either respect, we could have no Relish of Pleasure or Happiness.

Upon these Accounts the Divine Being, through his innate Wisdom and Goodness, formed Mankind naturally free, that they might perceive the Difference between Good and Evil; and that the Happiness he designed them, here and hereafter, might, in some Measure, depend upon the right Exercise of their Faculties, and the wise Choice they made of such Objects, as they might be conversant among. And therefore as he formed them after such a Manner, they must all have a natural Claim to Liberty, an equal Right to [Page 6] persue Happiness, and to take such Methods for the Security of both, as in their own Nature are equitable and just.

Hence it is, that they being sensible of this Truth, and knowing the kind Intentions of the Deity concerning them, have commonly formed themselves into Civil Societies, that they might secure the Privileges of their Free-born Nature, from all Attempts that might be made to Invade them. And knowing that these might be improved to Advantage, have generally elected some proper Person or Persons, to whom they commit the Government of their Affairs; whom they intrust with their common Power, and support out of their common Expences, for their general Advantage and Welfare.

Every Society thus formed, is to be considered as a Body Politick, wherein all the Members are to consult the Good of the Whole, and not do any thing might damage any Part, however it might tend to their own private Benefit. And as each one may [Page 7] be supposed to have a Share in the Choice of such Person or Persons as by publick Consent are authorized to Govern; as he trusts them with his Power, and contributes to their Support; he has, in Consequence of that, while he behaves well, a Claim not only to Protection and Defence, and to be secured from Injury, Violence and Oppression; but also to partake of all such Advantages, as accrue from the Government so erected and maintained; and as are common to others of the same Society. Nor is there any thing, but an Evidence of an injurious Behaviour, can cut him off from it, or, justly deprive him of it.

Mean time we are not to imagine, that every individual Person, who is a Member of the Community, and a Good Subject, must be preferr'd to Posts of Honour or Profit, or intrusted with the ordering of publick Affairs; for that, in the Nature of Things, is not possible; or if it were it might sometimes be imprudent, since Honesty alone is not a sufficient Qualification; and since it is not material to a Society, whether a Man through Indo [Page 8] lence or Design mismanages a Trust, providing in Reality he does not manage it. That there should be some inferiour Stations in Life, is as reasonable and fit, as there should be others superiour. Persons in both need each others Assistance; and their Interests ought not to be looked upon as opposite. And, as Government is necessary to the Welfare of a People, it is requisite there be different Classes of supreme and subordinate Rulers in it, for the better accomplishing the Designs of it, and facilitating the Management of publick Affairs, which, otherwise, could not be done to Advantage. But all cannot be Magistrates; nor advanced to Offices of Dignity and Honour. To suppose such a thing would be as absurd, as to expect or look for it, would be ridiculous, The Principle, then, which I have laid down, will not, I believe, be understood in such a large and unlimited Sense, as if every Citizen or Member of a Society, who behaves well or does the Duty of a Subject, should, for that very Reason, be preferred or advanced. But only, that no one in it, who an [Page 9] swers this Character, whose Capacity is equal to his Neighbour's, and who is well qualified for serving his King and Country, should be debarred or excluded from it, for his Religious Sentiments, unless they are dangerous to the Publick Welfare: But he ought to have an equal Chance with others, as he stands upon the same Foundations of Claims.

The Rights of Subjects to their temporal Interests are natural, because the Lord of Nature allows them. And their Rights to those which are spiritual, are natural, because the same Indulgent Parent grants them. Neither of them owe their Original to the Decisions of the Majority; because Nature is prior to any Civil Constitution, and Men are first in their natural Capacity, before they incorporate in Neighbourhood and Commerce, or form any Scheme of Government among them.

The Primary Design of Authority and Laws, is to maintain the Privileges of the Society, who associate on the Foundation of natural Equality; and [Page 10] either to advance each Member to, or secure him in the Possession of his Rights. So that if any Person invades another's Property, whether by Rapine or Violence, Oppresion or Fraud, or by any other unwarrantable Methods; the same Authority can punish him for it: And this very Punishment is founded in Justice; as 'tis intended to secure the Happiness of the whole Body, which all it's good Members have a natural Claim to, and for the Preservation of which they unite their respective Interests. But the Rights themselves are centred in Equity (which is an independent thing,) and can only receive a Sanction from the Civil Power, so far as they appear to be valid in themselves. And without this Concession, it would necessarily follow, either that no Laws or Statutes could be just, though they might bear the Stamp of Authority; or else, that all enacted by a former Authority, be they ever so pernicious in their Nature and Tendency, should be looked upon as sacred and immutable, and incapable of being repealed by a subsequent Legislature. Both which would not only reflect upon [Page 11] the best Government in the World; but would also so limit them in the Exercise of their Power, that they could not employ it for the Publick Good.

Hence it follows, that Government is not (as the Author of The Dispute Adjusted, foolishly asserts) founded on the Abridgment of natural Rights, but upon these considered in their full Extent, it being the Right of every good Subject to bear a Part in erecting it; as he discovers no Designs, and maintains no Principles that are destructive to the Society. Whereas if any one discovers such Designs, or maintains such Principles, or gives Occasion to suspect his Capacity for Service, he cannot possibly have any such natural Right, but is cut off from it by the Laws of Equity, and therefore may be incapacitated by the Laws of the Community. And this is the Reason why a Papist is disabled from enjoying such Privileges as are common to others. It is not merely because he is not a Churchman, but because his Principles make him a professed Enemy to the Society, and prove him no Subject, [Page 12] but rather a Rebel. And therefore as he has no Claim to a Subject's Right, it is just in the Law to deny it him until his changing his Principles entitles him to it. And this is the Reason too, why some Protestants, are disqualified for being Representatives of their Country. It is not, sure, because they are Protestants, but because their low Circumstances incapacitate them for Service, and render them obnoxious to Bribery and Corruption, and liable to betray, or at least to mismanage a Trust, which they have no Right to dispose of as they please, when it might vastly prejudice those they would represent. And therefore they are cut off by the Law of Equity, which the Civil Power might inforce by Authority. Nor is there any Abridgment of natural Rights in either of these. Much less are they Cases in the least parallel to what the Adjuster compares them, as any unprejudiced Person will easily perceive. For the not receiving the Sacrament in the Church, cannot incapacitate incapacite (sic) any Man from serving his Country; nor deprive him of any natural Right. Whereas either his being a Papist, or being in low Circumstances, may unfit [Page 13] him for several Offices or Posts, and cut him off from any Claim to them, until he is possessed of such Qualifications as in the Nature of Things put him into a Capacity of managing them.

I must assure this Author (who appear (sic) to be a Papist, or something worse) that on these Principles, which I have advanced, our present Constitution is entirely founded, is built as on the firmest Basis, and rnd (sic) rests as safe as it is happy and glorious.

To these (maintain'd under God) are owing our Prosperity and Freedom, and all the Advantages we enjoy beyond other Nations, which make us the Envy of all Europe, and a Terror to the whole World about us.

Nay, to these (asserted by brave and magnanimous Heroes) not only our own publick and private Felicity is to be attributed; but that also which the World partakes of. All it's Inhabitants taste the Fruits of our Liberty, subsist, in some measure, by our [Page 14] extensive Freedom, which we improve into Principles of Generosity and Benevolence, and diffuse among them with a bounteous Hand.

And, therefore, I think we may justly infer, (let the Adjuster think what he pleases) that, if ever there should be a Change of Government, and the Papists should gain the Mastery over us, obliging us to unreasonable Terms of Communion, as a Test of Orthodoxy, or a Civil Qualification, without complying wherewith we must forfeit our Immunities, and be looked upon as having no Claim to them; their Methods of treating us would be very unfair, and contrary to all the Rules of Justice. And,

Yet, if ever they got uppermost they would undoubtedly take such Methods with us, make a Monopoly of Common Rights, and confine them wholly to their own Party, because they reckon themselves the Church. Now would not this be very unreasonable in them and contrary to every Thing that is Civil or Humane? Most [Page 15] certainly it would. For why should they imagine that we must think or believe just as they do, or that our Principles should exactly chime with theirs? There is no Reason, sure, to expect it from us. Nor can any of them, even the Pope himself, have a Right to demand it. Our Understandings are as much our Property as our Estates; and they might as well pretend to deprive us of the Use of the latter, as of the former. And therefore their proposing publick Order and Peace, and the Advancement of Religion in their National Church, could never justify them in establishing it, upon Terms which would destroy our proper Privileges; because these can no more depend upon a Conformity of our Sentiments (while they are innocent) to those of a Majority or a Party, than they can upon the Resemblance of our Faces, or the Similarity of our Noses with their's. This the Adjuster might easily see, if he regarded any thing that is just or honourable.

[Page 16]

As every Man receiv'd his Being from God, and was distinguish'd by him from the brutal World, he's accountable to him for his whole Conduct, and answerable to him alone for his Religion. Upon the good or bad Improvement he makes of his Faculties, his Happiness or Misery, hereafter, must depend. And accordingly as he obeys the Voice of Reason and Conscience, so must it eternally fare with him. But as God alone will be his Judge; as future Happiness is of the highest Importance to him, and infinitly preferable to all temporal Interests; therefore Religion must be his chief Concern, and shou'd be always allowed him as a Matter of free Choice; since it is as much his Claim, as any other thing he can, possibly, be intitled to, or possess'd of. And consequently it would be ungenerous, to say no worse, to force or even tempt him either to give up one right, or to deprive him of another.

'Tis possible, they might tell us, that Religion ought to be their principal care, the Church of God always [Page 17] protected, and the Laws of the Land on its Side, and in its Favour. And this is really no more than Truth, and what many of us would frankly allow. But certain it is, at the same time, that Persons of every Denomination whatever, whether Christians or Infidels, who are sincere in their Sentiments, unbiass'd in their Judgments, and virtuous in their Practice, do all belong to the Church of God, and in some Sense might be said to be Believers. And my Reasons for this Assertion are, that they, who live up to this good Character, make the best Use of their own Understandings they can, which the Gospel was intended to bring them to, and which could be the only Design of any Revelation; and withall they act agreeably to their Belief of Things, which are the Terms of Acceptance required in the Gospel, and the only Qualification for the Divine Favour. And as the Scriptures allow a bare Belief to be of no Importance, without a Conversation answerable to it, therefore it must be a Man's Practice that chiefly recommends him. Consequently, every one who acts an honest Part, who rationally and im [Page 18] partially judges of Things, and lives a good Life, is equally with others intitled to the Favour of God, since he believes all that any Being could require of him.

Besides, the Church and Religion, in this Respect, are one, though Mens private Sentiments be ever so different; since every Person acts according to his own Judgment, which could only be the Case, if all were of one Mind, or were ever so Unanimous in their Way of Thinking. And for these and other Reasons, that I could mention, it is strange and surprizing, methinks, that the Adjuster, and others of the Papists who live among us, and have so great Opportunities of Improvement, should entertain so unworthy Notions of the Deity and Religion, as to imagine the Church is confined to a Party. What is this but making an Idol of Stone, and worshipping the Works of their own Hands? We are now, blessed be God, free from their Iron Yoke, not subject to their Authority; but are established on Principles of genuine Liberty, which makes us the Glory of the whole Universe, and our OEco [Page 19] nomy to bear the nearest Resemblance to Heaven's. Nor is there, scarce, any Thing wanting to complete our Felicity, but that which I shall now briefly mention, and which, if rectified, would perfectly finish it.

We have, for a considerable Time, even since the Twenty-fifth Year of King Charles II, been under Obligations which tho' design'd for our Good, do really tend to our Disadvantage upon the whole, and are a sort of Embarrassments upon the best Subjects. I need not be more particular in my Account of this Affair, because, I am persuaded, every one understands it.

How lamentable is it, that a Clergyman who may be supposed to understand his Master's Will, and know Christ's End in dying for the World, is obliged, against Reason and Conscience, to give the Sacrament to Reprobates, purely because he is ordered to do it? Or how great a Profanation must it be of the Ordinance that he must be bound to administer it to a downright Unbeliever, when he thinks he ought [Page 20] not to be admitted to it? Must it not be a deadly Sting to his tender Conscience, and rob him of his inward Peace and Repose; nay, of all the Happiness and Liberty, which by the Laws of Nature and of God, he is intitled to? Undoubtedly it must. For tho' I am of Opinion, (and say it for the Good of Christians in general, and the poor Clergy in particular) that any Person who desires the Sacrament at their Hands, be he ever so immoral in his Life, should have it given him, the principal Intent of it being to perpetuate the Memory of the Death of Christ, who died to confirm the Revelation he gave us, and suffered in the Cause of Virtue for our Imitation of his Example, which a wicked Man has most Reason to imitate; yet as every one cannot, perhaps, have the same Faith with me, nor the same Clearness to do what I could, 'tis pity he should be obliged to obey a Diocesan contrary to his own Persuasion of the Thing. It were better for him there were no Establishment, than thus to be establish'd in Confinement and Misery. And I wonder indeed, that the Clergy in general (at [Page 21] least the inferiour Part of them) do not give in their humble Petition, that the Test Act may be repealed, and that they may be freed from the great Incumbrances and Uneasinesses they suffer by it. But,

It is still more deplorable, that a Person who is a Christian by Profession, a Protestant in Principles, and dissents from the Church, only, for her Ceremonies, which he cannot safely comply withall, shall for that very Reason be cut off from his Share of Common Rights, or be marked with a Stigma of Disloyalty, when he is a Staunch Friend to the present Constitution. This cannot be conformable to the Religion of Jesus, nor agreeable to that Justice and Charity, Lenity and Forbearance, which it earnestly recommends; and that gentle and good Spirit which it every where breaths. On the contrary 'tis punishing Persons for acting according to their Consciences, which no Power in Heaven or Earth can warrant. But,

Perhaps it will be said, that they who dissent from the Church or don't [Page 22] conform to her rules are not punish'd; but all good Subjects are allow'd Liberty of Conscience, and to think and speak their own Sentiments without being, in the least molested, or disturb'd for it.

And, in answer to this, we may observe; it is as true and certain, that a Man suffers by an absent Pleasure as well as by a present Pain, as that the latter is the Privation of the former. Remove the one and you give him the other, or give him one, and you take away, t'other. This, I believe, can admit of no dispute. But every Retrenchment of common Rights, or the monopolizing them to one Party, is a Kind of Punishment which the Deprived suffer. It prevents them from enjoying that Pleasure and Happiness which they might receive by them, or, even, by the Hopes of them, both which such Retrenchments entirely frustrate. And if they do nothing at all to forfeit them, then, such Punishment is very unjust. Now, this is exactly the Case of the Dissenters at present; and a melancholy Case it is, upon several Accounts. They are excluded the Be [Page 23] nefit of some natural Rights, because they will not consent to part with others; which, they imagine, is not agreeable to the Laws of Equity, especially when it throws such glaring Reflections on them and singles them out as Enemies to the State. And though I love the Established Church as well as any Man, yet I cannot but say, the Dissenters have some Ground for Complaint. They have always behav'd like Good Subjects, and been active and cordial in the Cause of Liberty, which is the grand Support of our present Constitution: And therefore it is pity they should be so stinted in the Fruits of their own Labour, or taste so little of the Hapiness we enjoy. If Clarke or Woolaston were living, they would say this is acting contrary to Reason and Truth; (And tho' they are dead they yet speak it to us) because 'tis treating those like dangerous and profess'd Enemies, who should be valued, and esteem'd, and encourag'd as, in truth they are, the firmest Friends we have.

I know it has been alledged, that the Test Act has been the Security of the Church; and whenever it is repeal [Page 24] ed, the Church will be in Danger. But this cannot possibly be made appear to be true. On the contrary, it will be found to be the Discredit and Ruin of it. And by the Church here, I shall, for the Sake of one Party mean, only, the Establish'd Church. And what Service, I pray, has the Test Act done dont (sic) it? Has it not crowded it with Numbers of Persons, like the Adjuster, with popish Souls in protestant Bodies, who could see it sunk down the Stygian Lake; and who make no Scruple of conforming to her Rules, because they believe they at any time have an Indulgence for it? And does it not make the Dissenters on some accounts prejudic'd against her, and look upon her as an uncharitable Body, that denies Liberty and Property to her Neighbours? For tho' it might be said, that the Church is not so Chargeable with it, and that is the Civil Power has order'd things to be as they are; yet while there are so many B--ps in P---t whose Power and Influence are so extensive the Church (tho' the best part would rejoyce at the News of a Repeal) will always bear the blame of it; and the Dissenters will think they suffer by her. Where [Page 25] as if their grievances, in this respect, were redress'd, they woud not only have a better Opinion of the Church, but wou'd Love her Ministers as they do their own, and make very little distinction between them.

After all, it is a melancholy Reflection that the Christian Sacrament, which was intended to mind us of our Obligations to the Deity, and to improve us in the Practice of Moral Virtue, should be prostituted to the low Purposes of secular Interests. This is very contrary to the Institution of it. It is inverting the very Order and Nature of Things; making the future World subservient, or rather inferiour to the present; and Heaven itself a Handmaid to Earth.

The greatest Enemy to the Christian Religion (which I firmly believe of divine Original) is the great Profanation of this Ordinance. It causes many, when they see it used as a Test, imagine it nothing but a political Engine, no ways binding the Consciences of Men, but as their temporal Interest leads them. Nay, it is certainly the [Page 26] Occasion of the Growth both of Popery and Deism; because cecause (sic) wherever Men see it thus prostituted to every mean and common Use, it confirms them in their Belief there is nothing in Religion; which makes them take up with any Scheme of it, when they have Lave (sic) a Prospect of Pleasure or Gain. And this leads them on to a Dissolution of Manners, Contempt of moral Obligations, and all the Wickedness which destroys Society, to the great Dishonour of Almighty God, and the vast Discredit of the Gospel of Christ.

And now let any Man judge, if such a Thing can be the Security of a Church, which is so destructive of Virtue and Happiness: Which tempts some Men to sin against Light, others to violate the Laws of Conscience; some to contemn every thing that is sacred, others to believe there is no Religion. Let him divest himself of all Prejudices of Bigotry and Party, Education and Interest, and let him judge impartially of the Nature and Consequences of it; and, I am perswaded, he will find it the Bane of Christianity.

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For these Reasons which I have (and others I might have) advanc'd, many in the Church desire the Repeal of it. They see the several Grievances which now attend it; and are under no Apprehensions of Danger, in case it were null'd. They know our Lawgivers to be Men of Renown, and sufficiently qualified to defend them from Popery, by substituting another Act in lieu of the Test.

And, therefore, I think it need be no Dispute with any Man, or Society of Men, whether or no they should push for the Repeal of it; or whether now is a proper Time for it. Of this the Legislature are the best Judges, and can only know it when it comes before them. Yet, some Men are always as timorous of Pushing, as if they had a desperate Adversary before them, and dreaded the Danger of a Home-thrust. But

If ever there can be a proper time for the Tryal of this affair, 'tis certainly now, when we are not disturb'd with the [Page 26[28]] noise of War abroad, nor with a factious and Party Spirit at home, but enjoy perfect Tranquillity and Peace, and are easie and quiet among ourselves. And when, besides, we have such Noble and Illustrious Senators who are as Remarkable for their Love of Liberty, as they are Celebrated for their Consummate Wisdom and Vigilance, and hearty concern for the Publick Welfare.

So that there can be no excuse for now deferring it, but what will eternally appear as plausible as Now. Let us therefore stand fast in this true faith; quit ourselves like Men when we are call'd to it; and be strong in a Cause on which so much depends.

FINIS. [Page [i]] [...]

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REASONS Assigned by WILLIAM PRYNNE, &c.

BEing on the 7 of this instant June 1649 informed by the Assessors of the Parish of Swainswicke, that I was assessed at 2l. 5.s. for three months Contribution, by vertue of a (pretended) Act of the Commons assembled in Parliament, bearing date the 7 of April last, assessing the Kingdom at ninty thousand pounds monthly, beginning from the 25 of March last, and continuing for six months next ensuing, towards the maintenance of the forces to be continued in England and Ireland, and the paying of such as are thought fit to be disbanded, that so Free-quarter may be taken off; whereof 3075l. 17s. 1 d.ob. is monthly imposed on the County, and 2l. 5s. 3d. on the small poor Parish where I live; and being since on the 15 of June required to pay in 2l. 5s. for my proportion: I returned the Collector this Answer, That I could neither in Conscience, Law, nor Prudence in the least measure submit to the voluntary payment of this illegal Tax, and unreasonable Contribution, (after all my unrepaired losses and sufferings for the publick Liberty) amounting to six times more then Ship-money (the times considered) or any other illegall Tax of the late beheaded King, so much declaimed against in our three last Parliaments by some of those who imposed this. And that I would rather submit to the painfullest death and severest punishment the Imposers or Exactors of it could inflict upon me by their arbitrary power (for legall they had none) then voluntarily pay, or not oppose it in my place and calling to the uttermost, upon the same, if not better reasons as I oppugned [Note: See my humble Remonstrance against Shipmoney.] Ship-money, Knighthood, and other unlawfull impositions of the late King and his Councel, heretofore. And that they and all the world might bear witnesse, I did [Page 2] it not from meer obstinacy or sullennesse; but out of solid reall grounds of Conscience, Law, Prudence, and publick affection to the weal and Liberty of my native Country (now in danger of being enslaved unter a new vassalage, more grievous then the worst it ever yet sustained under the late, or any other of our worst Kings) I promised to draw up the Reasons of this my refusal in writing, and to publish them so soon as possible to the Kingdom, for my own Vindication, and the better information and satisfaction of all such as are any wayes concerned in the imposing, collecting, levying, or paying of this strange kinde of Contribution. In pursuance whereof, I immediately penned these ensuing Reasons; which I humbly submit to the impartiall Censure of all conscientious and judicious Englishmen; desiring either their ingenuous Refutation, if erronious; or candid Approbation, if substantiall and irrefragable, as my conscience and judgment perswade me they are, and that they will appear so to all impartiall Persons, after full examination.

First, By the fundamental Laws, and known Statutes of this Realme, No Tax, Tallage, Ayd, Imposition, Contribution, Loan or Assessment whatsoever may or ought to be imposed or levied on the free men and people of this Realm of England, but by the WILL and COMMON ASSENT of the EARLS, BARONS, Knights, Burgesses, Commons and WHOLE REALM in a free and full PARLIAMENT, by ACT OV PARLIAMENT: All Taxes &c. not so imposed, levyed (though for the common defence and profit of the Realm) being unjust, oppressive, inconsistent with the liberty and propertie of the Subject, Laws and Statues of the Realm; as is undeniably evident by the expresse Statues of Magna Charta, cap. 29. 30. 25. E. 1.c.5,6. 34. E. 1. De Tallagio non concedendo c.1. 21. E. 3. Rot. Parl. n. 16. 25. E. 3. c.8. 36. E. 3. Rot. Parl. n. 26. 45. E. 3. Rot. Parl. n. 42. 11. H. 4. Rot. Parl. n.10. 1. R. 3. c. 2. The Petition of Right, and Resolutions of both Houses against Loans, 3. Caroli: The Votes and Acts against Ship-money, Knighthood, Tonnage and Poundage, and the Star-chamber this last Parliament, 17. & 18 Caroli. And fully agreed and demonstrated by Mr. William Hackwell in his Arguments against Impositions; Judge Hutton and Judge Crook in their Arguments, and Mr. St. John in his Argument and Speech against Ship-money, with other Ar [Page 3] guments and Discourses of that subject: Sir Edward Cook in his 2 Instit. (published by Order of the Commons House) pag. 59. 60. &c. 527. 528. 529. 532. 533, &c. with sundry other Records and Law-books cited by these great Rabbies of the Law, and Patriots of the Peoples Liberties. But the present Tax of Ninety Thousand pounds a Month, now exacted of me, was not thus imposed. Therefore it ought not to be demanded of, nor levied on me; and I ought in conscience, Law, and prudence to withstand it as unjust, oppressive, inconsistent with the Liberty and Property of the Subject, Law and Statutes of the Realm.

To make good the Assumption, which is onely questionable.

First, This Tax was not imposed in, but out of any Parliament, the late Parliament being actually dissolved above two months before this pretended Act of these Tax-imposers taking away the King by a violent death, as is expresly resolved by the Parliament of 1. H. 4. Rot. Parl. n. 1. by the Parliment of 4. H. 4. and 1. H. 5. Rot Parliam. n. 26. Cook 4 Institutes p.46.and 4.E.4.44.b. For the King being both the Head, beginning, end and foundation of the Parliament (as Modus tenendi Parliamentum: and Sir Edward Cooks 4. Instit. p. 3. resolve) which was summoned and constituted only by his Writ now [Note: See 1 E. 6. cap. 7. Cook 7. Report. 30. 31. Dyer 165. 4. E. 4.23.44. 1 E. 5.1. Brook Commission. 19.21.] actually abated by his death: and the Parliament (as is evident by the clauses of the severall Writs of Summons to [Note: Cromptons Jurisdiction of Courts, fol. 1. Cook 4. Instit. p. 9.10.] the Lords, and for the election of Knights and Burgesses, and levying of their wages) being onely PARLIAMENTUM NOSTRUM, the Kings Parliament that is dead, not his heirs and Successors; and the Lords and Commons being all summoned and authorized by it to come to HIS PARLIAMENT, there to be present, and conferre with HIM (NOBISCUM, not his Heirs and Successors) of the weighty and urgent affairs that concerned (NOS) HIM and HIS KINGDOME of England; and the Knights and Burgesses receiving their wages for, Nuper ad NOS ad PARLIAMENTUM NOSTRUM veniendo, &c. quod sommoneri FECIMUS, ad tractandum ibidem super diversis & arduis Negotiis NOS & Statum REGNI NOSTRI tangentibus , as the tenor of the [Note: 5. Ed. 3. 6. part. 2. Dors. Claus. Regist. f. 192.200.] Writs for their wages determines. The king being dead, and his Writ and Authority by which they were summoned, with the ends for which they were called (to confer with HIM, about [Page 4] HIS, and HIS KINGDOMS affairs &c. being thereby absolutely determined, without any hopes of revivall; the Parliament it self must thereupon absolutely be determined likewise (especially to those who have disinherited HIS HEIRS and SUCCESSORS, and voted down our Monarchy it self) and these with all other Members of Parliament, cease to be any longer Members of it, being made such onely by the King's abated Writ; even as all Judges, Justices of peace, and Sheriffs made onely by the Kings Writ or Commission, not by Letters Patents, cease to be Judges, Justices and Sheriffs by the Kings death, for this very reason, because they are constituted Justiciarios & Vicecomites NOSTROS ad Pacem NOSTRAM &c. custodiendam ; and he being dead, and his Writs and Commissions expired by his death, they can be his Judges, Justices and Sheriffs no longer to preserve HIS Peace &c. (no more then a wife can be her deceased Husbands Wife, and bound to his obedience, from which she was losed by his death, Rom. 7.2.3.) And his Heirs and Successors they cannot be, unlesse he please to make them so by his new Writs and Commissions, as all our [Note: 4 Ed. 4.44. 1 E. 5.1. Brook Commissions. 19.21. & Officer, 25. Dyer. 165. Cook 7. Report. 30.31. 1 E. 6. c.7 Daltons Justice of Peace. c. 3. p. 13. Lambert p. 71] Law-Books and Judges have frequently resolved upon npon (sic) this very reason, which equally extends to Members of Parliament, as to Judges, Justices and Sheriffs, as is agreed in 4 E. 4.43.44. and Brooke, Office and Officer, 25. Therefore this Tax being cleerly imposed not in, but out of, and after the Parliament ended by the Kings decapitation, and that by such who were then no lawfull Knights, Citizens, Burgesses or Members of Parliament, but onely private men, their Parliamentary Authority expiring with the King, it must needs be illegall, and contrary to all the fore-cited Statutes; as by the Convocations and Clergies Tax and Benevolence granted after the Parliament dissolved in the yeer 1640, was resolved to be by both Houses of Parliament, and those adjudged high Delinquents who had any hand in promoting it.

2. Admit the late Parliament stil in being, yet the House of Peers, Earles and Barons of the Realm were no ways privy nor concenting to this Tax, imposed without, yea against their consents in direct affront of their most ancient undubitable Parliamentary Right and Priviledges, (these Tax-masters having presumed to vote down and nul their very House, by their new en [Page 5] croached transcendent power) as appears by the title and body of this pretended Act, intituled by them, An Act of THE COMMONS assembled in Parliament: Whereas the House of Commons alone, though full and free, have no more lawful Authority to impose any tax upon the people, or make any Act of Parliament or binding Law without the Kings or Lords concurrence, then the man in the moon, or the convocation Anno 1640. after the Parliament dissolved (as is evident by the express words of the forecited Acts, the Petition of Right it self; Acts, for the Trienniall Parliament; and against the proroging or dissolving this Parliament, 17. Caroli: with all our printed Statutes, [Note: 14. R. 2. n. 15. 11. H. 4. n. 30. 13. H. 4. n. 25.] Parliament Rolls, and [Note: 4. H. 7.18. b. 7. H. 7. 14. 16. 11. H. 7. 27. Fortescue c. 18. f. 20. Dyer 92. brook Parliament. 76. 197. Cooks 4. Institutes p. 25.] Law-Books:) they neither having nor challenging the sole Legislative power in any age; and being not so much as summoned to, nor constituting members of our [Note: See the Freeholders grand inquest, and my Plea for the Lords.] ancient Parliaments (which consisted of the King and Spiritual and Temporal Lords, without any Knights, Citizens, or Burgesses as all our Histories and Records attest) til 47 H. 3. at soonest; they having not so much as a speaker or Commons House til after the beginning of King Edward the third his reign, as never presuming to make or tender any Bils or Acts to the King or Lords, but Petitions only for them to redress their grievances and enact new Laws, til long after Rich. the seconds raign, as our Parliament Rolls, and the printed prologues to the Statutes of 1. 4. 5. 9. 10. 20. 23. 36. 37. and 50. Ed. 3. 1. Rich. 2. 1. 2. 4. 5. 7. 9. 11. 13. Hen. 4. 1. 2. 3. 4. 8. 9. Hen. 5. 1. 2. 3. 4. 6. 8. 9. 10. 11. 14. 15. 29. 28. 29. 39. Hen. 6. 1. 4. 7. 8. 12. 17. 22. Ed. 4. and 1. Rich.3. evidence (which run all in this form. At the Parliament holden &c. by THE ADVICE and ASSENT OF THE LORDS SPIRITUAL and TEMPORAL and at THE SPECIAL INSTANCE and REQUEST OF THE COMMONS OF THE REALM, (BY THEIR PETITIONS put in the said Parliament, as some Prologues have it.) Our Lord the King hath caused to be ordained, or ordained CERTAIN STATUTES &c.) where the advising and assenting to Lawes is appropriated to the Lords; the ordaining of them to the King; and nothing but the requesting of, and petitioning for them both from King and Lords to the Commons, in whom the Legislative power principally if not solely resided; as is manifest by the printed Prologue [Page 6] to the Statute of Merton. 20. Hen. 3. The Statute of Morteman. 7. Ed. 1. 31. Ed. 3. De Aspertatis Religiosorum. Therefore this Tax imposed by the Commons alone without King or Lords, must needs be void, illegal, and no ways obligatory to the subjects.

4. Suppose this Tax should bind these Counties, Cities, and [Page 7] Boroughs, whose Knights, Citizens and Burgesses sat and consented to it when imposed, (though I dare sware imposed against the mindes and wills of all or most of those they represent; (who by the [Note: Declaration on Nov. 28. & 30. 1948.] Armies new Doctrine, may justly question and revoke their authority for this high breach of Trust; the rather, because the Knights and Burgesses assembled in the first Parliament of E. 3. rot. Parl. n. 8. Did all refuse to grant a great extraordinary Subsidie then demanded of them (though not comparable to this) for the necessary defence of the Kingdom against Forraign enemies, till they had conferred with the Counties and Burroughs for which they served, and gained their assents:) Yet there is no shadow of reason, Law, or Equity, it should oblige any of the secluded Members themselves, whereof I am one; or those Counties, Cities, or Burroughs, whose Knights, Citizens and Burgesses have been secluded or scared thence by the Armies violence, or setling Members illegall Votes for their seclusion; who absolutely disavow this Tax and Act as un-Parliamentary, illegall, and never assented to by them in the least degree; since the only [Note: 39. Ed. 3. 7. 4. H. 4. 10. Brook Parlia. 26. 40. Cook 4. Instit. p. 1. 25. 26. 1. Jac. ch. 1.] reason in Law or equity, why Taxes or Acts of Parliament oblige any Member, County, Burrough, or Subject is, because they are parties and consenting thereunto either in proper person; or by their chosen Representatives in Parliament; it being a received Maxime in all Laws, Quod tangit omnes, ab omnibus debet approbari. Upon which reason it is judged in our [Note: 49. Ed. 3. 18, 19.21. H. 7. 4. Brooke customs 6. 32.] Law-books, That By-Laws oblige only those who are parties, and consent unto them, but not strangers, or such who assented not thereto. And (which comes fully to the present case) in 7 H. 6. 39. H. 6. 34. Brooke Ancient Demesne 20. & Parl. 17. 101. It is resolved, That Ancient Demesne is a good plea in a Writ of Wast upon the Statutes of Waste, because those in Ancient Demesne were not parties to the making of them, FOR THAT THEY HAD NO KNIGHTS NOR BURGESSES IN PARLIAMENT, nor contributed to their expences. And Judge Brook Parliament 101. hath this observable Note. It is most frequently found, that Wales and County Palatines, WHICH CAME NOT TO THE PARLIAMENT (in former times, which now they do) SHALL NOT BE BOUND BY THE PARLIAMENT OF ENGLAND: for ancient Demesne is a good Plea in an action of wast, and yet Ancient Demesne is not excepted: and it is enacted, 2. Ed. 6. c. 28. that fines with [Page 8] Proclamation shall be in Chester, for that the former Statutes did not extend to it: and it is enacted, That a Fine and Proclamation shall be in Lancaster. 5. & 6. E. 6.c.26. And a Proclamation upon ita exigent is given by the Statute in Chester and Wales, 1. E. 6. 20. and by another Act to Lancaster, 5. &. 6. E. c. 26. And the Statute of Justices of Peace extended not to Wales and the County Palatine; and therefore and Act was made for Wales and Chester, 27. H. 8. c. 5. who had Knights and Burgesses appointed by that Parliament for that and future Parliaments by Act of Parliament, 27. H. 8. cap. 26. since which they have continued, their wages being to be levyed by the Statue of 35. H. 8. c. 11. Now, if Acts of Parliament bound not Wales and County Palatines, which had anciently no Knights nor Burgesses in Parliament to represent them, because they neither personally nor representatively were parties and consenters to them; much lesse then can or ought this Leavie, Tax and illegall Act to binde those Knights, Citizens and Burgesses, or those Counties, Cities and Burroughs they represented, who were forcibly secluded, or driven away from the Parliament by the confederacy, practice, or connivance at least, of those now sitting, who imposed this Tax, and passed this strange Act; especially, being for the support and continuance of those Officers, and that Army who trayterously seised and secluded them from the House, and yet detain some of them Prisoners, against all Law and Justice. The rather, because they are the far major part (above six times as many as those that sate and shut them out) and would no wayes have consented to this illegall Tax, or undue manner of imposing it, without the Lords concurrence, had they been present. And, I myself, being both an unjustly imprisoned and secluded Member, and neither of the Knights of the County of Somerset, where I live, present or consenting to this Tax or Act, one or both of them being forced thence by the Army, I conceive neither my self, nor the County where I live, nor the Burrough for which I served, in the least measure bound by this Act or Tax, but cleerly exempted from them, and obliged with all my might and power effectually to oppose them.

[Note: Object. ] If any here object, That by the custome of Parliament 40 Members onely are sufficient to make a Commons House of Par [Page 9] liament, and there were at least so many present when this Tax was imposed: Therefore it is valid and obligatory both to the secluded absent Members, and the Kingdom.

[Note: Answ. ] I answer, First, That though regularly it be true, that forty Members are sufficient to make a Commons House to begin prayers, and businesses of lesser moment in the beginning of the day, till the other Members come, and the House be full; yet forty were never in any Parliament reputed a competent number to grant Subsidies, passe, or record Bils, or debate or conclude matters of greatest moment; which by the constant Rules and usage of Parliament, were never debated, concluded passed, but in a free and full House, when all or most of the Members were present, as the Parliament Rolls, Journals, Modus tenendi Parliamentum , Sir Edward Cooks 4. Institutes, p. 1. 2. 26. 35. 36. Cromptons Jurisdiction of Courts, f. 1 &c. 39. E. 3. 7. Brook Parliament. 27. 1. Jacobi, c.1. and the Records I have cited to this purpose in my Levellers levelled, my Plea for the Lords, and Memento, p. 10. abundantly prove beyond contradiction; for which cause the Members ought to be fined, and lose their wages, if absent without special Licence, as Modus tenendi Parliamentum , as 5. R. 2. Parl. 2. c. 4. 9. H. 8. c. 16. and A collection of all Orders, &c. of the late Parliament, pa. 294. 357. with their frequent summoning and fining absent Members, evidence.

Secondly, Though forty Members onely may peradventure make an House in cases of absolute necessity, when the rest through sicknesse, and publick or private occasions, are voluntarily or negligently absent; and might freely repair thither to sit or give their Votes if they pleased: yet forty Members never yet made a Commons House by custome of Parliament (there being never yet any such case till now) when the rest (being above four hundred) were forcibly secluded, or driven thence by an Army, through the practice or connivance of those forty sitting, of purpose that they should not over nor counter-vote them; much lesse an House to sequester or expell the other Members, or impose any Tax upon them. Till they shew me such a Law, Custom, or President of Parliament (not to be found in any age) all they pretend is nothing to purpose, or the present case.

Thirdly, Neither forty members, nor a whole House of Commons were ever enough in any age, by the Custom of Parlia [Page 10] ment, or Law of England, to impose a Tax, or make any Act of Parliament, without the King and Lords, as I have [Note: See my Plea for the Lords, and Levellers levelled.] already proved; much lesse after they ceased to be Members by the Parliaments dissolution through the Kings beheading: Neither were they ever invested with any legall power to seclude or expell any of their fellow-Members (especially, if duly elected) for any Vote wherein the Majority of the House concurred with them, or differing in their consciences and judgments from them; nor for any other cause, without the Kings and Lords concurrence (in whom the ordinary judicial power of the Parliament resides) as I have undenyably proved by presidents and reason in my Plea for the Lords, p. 47. to 53. and Ardua Regni, which is further evident by Claus. Dors. 7. R. 2. m. 27. and Mr. Seldens Titles of Honour, p. 737. Baronet Camoyes Cafe, discharged from being Knight of the Shire by the Kings Writ and Judgment, because a Peer of the Realm; the practice of sequestring and expelling Commons by their fellow-Commons onely, being a late dangerous, unparliamentary usurpation (unknown to our Ancestors) destructive to the priviledges and freedom of Parliaments, and injurious to those Counties, Cities, Burroughs, whose Trustees are secluded; the House of Commons it self being no Court of Justice to give either an Oath or finall Sentence, and having no more Authority to dismember their fellow-Members, then any Judges, Justices of Peace, or Committees have to dis-judge, dis-justice, or dis-committee their fellow Judges, Justices and Committee-men, being all of equall authority, and made Members onely by the Kings Writ and Peoples Election, not by the Houses, or other Members Votes; who yet now presume both to make and unmake, seclude and recall, expell and restore their fellow-Members at their pleasure, contrary to the practice and resolution of former ages, to patch up a factious Conventicle in stead of an English Parliament. Therefore this Objection no ways invalids this first Reason; why I neither can nor dare submit to this illegall Tax in Conscience, Law, or Prudence, which engage me to oppose it in all these respects.

Secondly, Should I voluntarily submit to pay this Tax, and that by vertue of an Act of Parliament made by those now sitting, (some of whose Elections have been voted voyd; otheres of them elected by new illegall Writs under a new kind of Seal, [Page 11] since the Kings beheading, as the Earl of Pembroke, and Lord Edward Howard, uncapable of being Knights or Burgesses by the Common Law and Custome of Parliament, being Peers of the Realm (if now worthy such a Title) as was adjudged long since in the Lord Camoyes case. Claus. Dors. 7. R. 2. m. 32. and asserted by Master Selden in his Titles of Honour: part. 2. cha. 5. p. 737. Seconded by Sir Edward Cook in his 4. Institutes. p. 1. 4, 5. 46, 47, 49.) As I should admit these lawfull Members, so I should therby tacitly admit, & ex post facto assent to some particulars, against my knowledg, judgment, conscience, Oaths of Supremacy, Allegiance, Protestation, and Solemn League and Covenant, taken in the presence of God himselfe, with a sincere heart and reall intention to perform the same, and persevere therein all the dayes of my life, without suffering my selfe directly or indirectly, by whatsoever Combination, perswasion or terrour to be withdrawne therefrom. As First, That there may be and now is a lawfull Parliament of England actually in being and legally continuing after the Kings death, consisting only of a few late Members of the Commons House, without either King, Lords or most of their fellow Commons: which the very Consciences and judgments of all now sitting, that know any thing of Parliaments, and the whole Kingdome if they durst speak their knowledg, know and beleeve to be false, yea against their Oaths and Covenant. Secondly, That this Parliament (so unduly constituted and packed by power of an Army combining with them) hath a just and lawfull Authority to violate the Priviledges, Rights, Freedoms, Customes, and alter the constitution of our Parliaments themselves; imprison seclude, expell most of their fellow Members for voting according to their consciences; to repeal all Votes, Ordinances and Acts of Parliament they please, erect new Arbitrary Courts of war and Justice to arraign, condemn, execute the King himself, with the Peers and Commons of this Realm by a new kind of Martiall Law, contrary to Magna Charta, the Petition of Right, and Law of the Land: disinherit the Kings Posterity of the Crowne, extirpate Monarchy and the whole House of Peers, change and subvert the ancient Government, Seals, Laws, Writs, Legall proceedings Courts, and coyne of the the the (sic) Kingdome; sell and dispose of all the Lands, Revenues, Jewels, goods of the Crowne, with the Lands of Deans and Chapters, as they think meet; absolve them [Page 12] selves (like so many antichristian Popes) with all the Subjects of England and Ireland, from all the Oaths and engagements they have made TO THE KINGS MAJESTY, HIS HEIRS AND SUCCESSORS: yea, from their very Oath of Allegiance, nothwithstanding this express clause in it (which I desire may be seriously and conscienciously considered by all who have sworne it) I do beleeve and in Conscience am resolved, that neither the Pope, NOR ANY PERSON WHATSOEVER HATH POWER TO ABSOLVE ME OF THIS OATH, OR ANY PART THEREOF, which I acknowledge by good and full Authority to be lawfully ministred unto me, and DO RENOUNCE ALL PARDONS AND DISPENSATIONS TO THE CONTRARY: dispense with our Protestations, Solemn League and Covenant, so lately zealously urged and injoyned by both Houses on Members, Officers, Ministers, and all sorts of People throughout the Realme: dispose of the Forts, Ships, Forces, Officers, and Places of Honour, Power, Trust or profit within the Kingdom to whom they please; to displace and remove whom they please from their Offices, Trusts, Pensions, Callings, at their pleasures without any legall cause or tryall: to make what new Acts, Lawes, and reverse what old ones they think meet, to insnare inthrall our Consciences, Estates, Liberties, Lives: to create new monstrous Treasons never heard of in the world before; and declare reall treasons against King, Kingdome, Parliament, to be no treasons, and Loyalty, Allegiance, due obedience to our knowne Lawes, and consciencious observing of our Oaths and Covenant (the breach whereof would render us actuall Traytors and pernicious persons) to be no lesse then High Treason, for which they may justly imprison, dismember, disfranchise, displace and fine us at their wills (as they have done some of late) and confiscate our persons and lives to the Gallowes, and our estates to their new Exchequer; ( a Tyranny beyond all Tyrannies ever heard of in our Nation, repealing Magna Charta, c. 29. 5. E. 3. c. 6. 25. Edw. 3. cap. 4. 28. Ed. 3. c. 3. 37. E. c.18. 42. E. 3. cap. 3. 25. Ed. 3. cap. 2. 11. R. 2. c. 4. 1. H. 4. c. 10. 2. H. 4. Rot. Par. 11. N. 60. 1. E. 6. c. 12. 1. m. c. 1. The Petition of Right, 3 Caroli, and laying all our Laws, Liberties, Estates, Lives in the very dust after so many bloody and costly years wars to defend them against the Kings invasions) rayse and keep up what force they will by Sea and Land, to impose what heavy Taxes they please, and renew, increase, multiply and per [Page 13] petuate them on us as long as they please to support their own encroached more then Regall, Parliamentall, Super-transcendent Arbitrary power over us, and all that is ours or the Kingdoms, at our private and the publique charge, against our wills, judgments, consciences, to our absolute enslaving, and our three Kingdoms ruine, by engaging them one against another in new Civill wars, and exposing us for a prey to our Forraign Enemies. All which with other particulars lately acted and endowed by the Imposers of this Tax, by colour of that pretended Parliamentary Authority by which they have imposed it, I must necessarily admit, acknowledge to be just and legall by my voluntary payment of it, of purpose to maintaine an Army to justify and make good all this, by the meer power of the Sword; which they can no wayes justify and defend by the Laws of God or the Realm, before any Tribunall of God or Men when legally arraigned as they shall one day be. Neither of which I can or dare acknowledge without incurring the guilt of most detestable Perjury, and Highest Treason, against King, against, King (sic) Kingdom, Parliament, Laws and Liberties of the People: and therefore cannot yeeld to this Assessement.

Thirdly. The principall ends and uses proposed in the pretended Act and Warrants thereupon for payment of this Tax are strong Obligations to me, in point of Conscience, Law, Prudence, to withstand it; which I shall particularly discusse.

The First is, the maintenance and continuance of the present Army and forces in England under the Lord Fairfax. To which I say, First, as I shall with all readinesse, gratitude and due respect acknowledg their former Gallantry, good and faithfull Services to the Parliament and Kingdom, whiles they continued dutiful and constant to their first Engagements and the ends for which they were raised by both Houses, as far forth as any man; so in regard of their monstrous defections and dangerous Apostacy from their Primitive obdience, faithfulnesse and engagements in disobeying the Commands and levying open warre against both Houses of Parliament, keeping an horrid force upon them at their very doors, seising, imprisoning, secluding, abusing and forcing away their Members, printing and publishing many high and treasonable Declarations against the Institution, Priviledges, Members and Proceedings of the late, and being of all future Parliaments; imprisoning, abusing, arraigning, condemning and [Page 14] executing our late King, against the Votes, faith, and engagements of both Houses, and disinheriting his Posterity, usurping the Regal, Parliamental, Magistratical, and Ecclesiastical power of the Kingdom to their Generall Councel of Officers of the Army, as the supreme swaying Authority of the Kingdom, and attempting to alter and subvert the ancient Government, Parliaments, Laws, and Customs of our Realm: And upon serious consideration of the ordinary unsufferable Assertions of their Officers and Souldiers uttered in most places where they quarter, and to my self in particular, sundry times. That the whole Kingdom, with all our Lands, Houses, goods, and whatsoever we have, is theirs, and that by right of conquest, they having twice conquered the Kingdom: That we are but their conquered slaves and Vassals, and they the Lords and Heads of the Kingdome: That our very lives are at their mercy and courtesie. That when they have gotten all we have from us by Taxes and Free-quarter, and we have nothing left to pay them, then themselves will seise upon our Lands as their own, and turn us and our Families out of doors, That there is now no Law in England (nor never was if we beleeve their lying Oracle Peters) but the sword; with many such like vapouring Speeches and discourses, of which there are thousands of witnesses: I can neither in Conscience, Law nor Prudence assent, much lesse contribute in the least degree, for their present maintenance, or future continuance, thus to insult, inslave, and tyrannize over King, Kingdom, Parliament, people at their pleasure, like their conquered vassals. And for me in particular to contribute to the maintenance of those, who against the Law of the Land, the priviledges of Parliament, and liberty of the Subject, pulled me forcibly from the Commons House, and kept me prisoner about two months space under their Martiall, to my great expence and prejudice, without any particular cause pretended or assigned, only for discharging my duty to the Kingdom, and those for whom I served in the House, without giving me the least reparation for this unparallell'd injustice, or acknowledging their offence (and yet detain some of my then fellow-Members under custody by the meer power of the Sword without bringing them to tryall) would be not onely absurd, unreasonable, and a tacite justification of this their horrid violence and breach of priviledge, but monstrous un [Page 15] naturall, perfidious, against my Oath and Covenant.

2. No Tax ought to be imposed on the Kingdom in Parliament it self, but in case of necessity, for its common Good, as is cleer by the Stat. of 25. E. 1. c. 6. and Cooks 2 Instit. p. 528. Now it is evident to me, that there is no necessity of keeping up this Army for the Kingdoms common Good, but rather a necessity of disbanding it, or the greatest part of it, for these reasons: 1. Because the Kingdom is generally exhausted with the late 7 years Wars, Plunders and heavie Taxes; there being more moneys levied on it by both sides, during these eight last years, then in all the Kings Reigns since the Conquest, as will appear upon a just computation: all Counties being thereby utterly unable to pay it. 2. In regard of the great decay of Trade, the extraordinary dearth of cattel, corn, and provisions of all sorts; the charge of relieving a multitude of poor people, who starve with famine in many places, the richer sort eaten out by Taxes and Free-quarter, being utterly unable to relieve them. To which I might add the multitude of maimed Souldiers, with the widows and children of those who have lost their lives in the Wars, which is very costly. 3. This heavie Contribution to support the Army, destroys all Trade, by fore-stalling and engrossing most of the moneys of the Kingdom, the sinews and life of Trade; wasting the provisions of the Kingdom and enhansing their prices, keeping many thousands of able men and horses idle, only to consume other labouring mens provisions, estates and the publick Treasure of the Kingdom, when as their imployment in their trades and callings, might much advance trading, and enrich the Kingdom. 4. There is now no visible Enemy in the field or Garisons, and the sitting Members boast there is no fear from any abroad, their Navie being so Victorious. And why such a vast Army should be still continued in the Kingdom to increase its debts and payments, when charged with so many great Arrears and debts already, eat up the Country with Taxes and Free-quarter, only to play, drink, whore, steal, rob, murther, quarrel, fight with, impeach and shoot one another to death as Traytors, Rebels, and Enemies to the Kingdom and Peoples Liberties, as now the Levellers and Cromwellists do, for want of other imployments, and this for the publick good, transcends my understanding. 5. When the King had two great Armies [Page 16] in the Field, and many Garisons in the Kingdom, this whole Army by its primitive Establishment, consisted but of twenty two thousand Horse, Dragoons, and Foot, and had an Establishment only of about forty five thousand pounds a month for their pay; which both Houses then thought sufficient, as is evident by their [Note: Collect. &c. pag. 599. 8m76.] Ordinances of Febr. 15. 1644. and April 4. 1646. And when the Army was much increased without their Order, sixty thousand pounds a month was thought abundantly sufficient by the Officers and Army themselves to disband and reduce all super-numeraries, maintain the Established Army and Garisons, and ease the Country of all Free-quarter; which Tax hath been constantly paid in all Counties. Why then this Tax to the Army should now be raised above the first Establishment, when reduced to twenty thousand, whereof sundry Regiments are designed for Ireland, (for which there is thirty thousand pounds a month now exacted besides the sixty for the Army) and this for the common good of the Realm, is a riddle unto me, or rather, a Mystery of iniquity, for some mens private lucre, rather then the publick weal. 6. The Militia of every County (for which there was so great contest in Parliament with the late King) and these persons of livelihood and estates in every Shire or Corporation who have been cordiall to the Parliament and Kingdom heretofore, put into a posture of defence under Gentlemen of quality and known integrity, would be a far better Guard to secure the Kingdom against forraign Invasions or domestick Insurrections, then a mercinary Army of persons and souldiers of no fortunes, and that with more generall content, and the tenth part of that charge the Kingdom is now at to maintain this Army, and prevent all danger of the undoing pest of Free-quarter. Therefore there is no necessity to keep up this Army, or impose any new Tax for their maintenance, or defraying their pretended arrears, which I dare averr, the Free-quarter they have taken in kinde, and levied in money, if brought to a just account, as it ought, will double if not treble most of their Arrears, and make them much indebted to the Country. And no reason they should have full pay and Free-quarter, too, and the Country bear the burthen of both, without full allowance of all the quarters levied or taken on them against Law, out of their pretended arrears.

[Page 17]

[Note: Object. ] And if any of the sitting Tax-makers here object, That they dare not trust the Militia of the Cities and Counties of the Realm with their own or the Kingdoms defence: Therefore there is a necessity for them to keep the Army, to prevent all dangers from abroad, and Insurrections at home.

[Note: Ans. ] I answer, 1. That upon these pretences these new Lords may intail and enforce an Army, and Taxes to support them, on the Kingdom till Dooms-day 2. If they be reall members who make this objection, elected by the Counties, Cities and Burroughs for which they serve, and deriving their Parliamental Authority onely from the people (the only new fountain of all Power and Authority, as themselves now dogmatize) then they are but the Servants and Trustees, who are to allow them wages, and give them Commission for what they act. And if they dare not now trust the people, and those persons of quality, fidelity, and estate, who both elected, intrusted and impowred them, and are the primitive and supreme Power; it is high time for their Electors and Masters the people, to revoke their authority and trusts, and no longer to trust those with their purses, liberties, safety, who dare not now to confide in them, and would rather commit the safeguard of the Kingdom to mercinary, indigent soudiers, then to those Gentlemen, Free-holders, Citizens, Burgesses, and persons of Estate who elected them, whose Trustees and Attourneys only they professe themselves, and who have greatest interest both in them and the Kingdoms weal, and those who must pay these Mercinaries, if continued. 3. The Gentlemen and Free-men of England have very little reason any longer to trust the Army with the Kingdoms, Parliaments, or their own Liberties, Laws, and Priviledges safeguard, which they have so oft invaded; professing now that they did not fight to preserve the Kingdom, King, Parliament, Laws, Liberties. and Properties of the Subject; but to conquer and pull them down, and make us conquered slaves instead of free-men: averring, that all is theirs by conquest. And if so, then this Army is not, cannot be upheld and maintained for the Kingdoms and peoples common good and safety, but their enslaving, destruction, and the meer support of the usurped Power, Authority, Offices, Wealth, and absolute Domination only of those who have exalted themselves for the present above King, Parliament, Kingdom, Laws, [Page 18] Liberties, and those that did intrust them, by the help of this trust-breaking Army, who have stained all the glory of their former Noble Victories and Heroick Actions, by their late degenerous unworthy practices, and are become a reproach to the English Nation in all Christian Kingdoms and Churches.

The second end of this heavie Tax, is the support and maintenance of the Forces in Ireland, for which there was onely twenty thousand pounds a month formerly allowed, now mounted unto thirty thousand.

Fourthly, The coercive power and manner of levying this contribution, expressed in the Act, is against the Law of the Land, and Liberty of the Subject, which is threefold.

First, Distresse and sale of the goods of those who refuse to pay it; with power to break open their Houses (which are their Castles) doores, chests, &c. to distrain; which is against Magna Charta, cap. 29. The Petition of Right; The Votes of both Houses in the case of Ship-mony; 1 R. 2. c. 3. and the resolution of our Judges and Law-books 13. Ed. 4. 9. 20. E. 4. 6. Cook 5. Report. f. 91.92. Semaines case, & 4. Inst. p.176,177.

Secondly, Imprisonment of the body of the party till he pay the contribution, being contrary to Magna charta; The Petition of Right, The resolution of both Houses in the Parliament of 3 Caroli in the case of Loanes; and 17 Caroli, in the case of Ship-mony, the judgment of our Judges and Law-Books collected by Sir Edward Cook in his 2 Inst. p. 46. &c. and the Statu. of 2 H. [Page 20] 4. Rot. Par. n. 6. unprinted, but most expresse in point.

Thirdly, Levying of the contribution by souldiers and force of arms, in case of resistance, and imprisoning the person by like force: adjudged High Treason in the cases of the Earl of Strafford, and a levying of war within the Statute of 25.Ed.2. by the late Parliament, for which he lost his head: and so proved to be at large by Master St. Iohn in his Argument at Law at the passing the Bill for his attainder, Printed by Order of the Commons House.

Fourthly, (Which heightens the illegality of these illegall means of levying it) if any person whose goods are destrained, or person imprisoned for this illegall tax, shall bring his Action at Law, or an Habeas corpus for his relief. The Committee of Indempnity will stay his legall proceeding, award cost against him, and commit him anew till he pay them, and release his suits at Law, and upon an Habeas corpus, their own Sworn Judges created by them, dare not bayle but remaund him against Law. An oppression and Tyranny, far exceeding the worst of the Beheaded Kings; under whom the Subjects had Free-Liberty to sue and preceed at Law both in the cases of Loanes, Shipmony and Knighthood, whithout any Councel Table, Committee of Indempnity to stop their suits, or inforce them to release them; and therefore in all these respects (so repugnant to the Laws and Liberty of the Subject) I cannot submit to his illegall Tax, but oppugn it to the uttermost, most invasive on our Laws and Liberties, that ever was.

Fifthly, The time of opposing this illegall Tax, with these unlawfull ways of levying it, is very considerable and sticks much with me; it is (as the Imposers of it declare and publish in many of their new kind of Acts and devices) in the first yeare of Englands Liberty, and redemption from thraldom. And if this unsupportable Tax, thus illegally to be levied, be the first fruits of our first years Freedom, and redemption from thraldom, how great may we expect our next years thraldome will be, when this little finger of theirs is heavier by far then the Kings whole loynes, whom they beheaded for Tyranny and Oppression?

Seventhly, the excessivenesse of this Tax, much raised and encreased, when we are so exhausted, and were promised and expected ease from Taxes, both by the Army in their Remonstrance, November, 20. 1648. and by the Imposers of it, amounting to a sixt part, if not a moiety of most mens estates, is a deep Engagement for me to oppose it; since Taxes, as well as [Note: Mag. chart. c. 14. 14. E. 3. c. 6. Cook 2. Instit. pag. 26. 27. 169. 170.] Fines and Amerciaments ought to be reasonable; so as men may support themselves and their Families, and not be undone, as many will be by this, if forced to pay it by Distresse or Imprisonment. Upon this ground, in the Parliaments of 1 & 4 Edward the Third we find divers freed from payment of Tenths, and other Taxes lawfully imposed by Praliament, because the People were impoverished and undone by the Warres, who ought to pay them. And in the printed Statues of 31 Henr. 6. c. 8. 1 Mariæ c. 17. to omit others, we find Subsidies mitigated and released by subsequent Acts of Parliament, though granted by precedent, by reason of the peoples poverty and inability to pay them. Yeah, somtimes we read of something granted them by the King, by the way of aide, to help pay their Subsidies, as in 25. E. 3. Rastal, Tax 9. & 36 E. 3. c. 14. And for a direct president in point: When [Note: Matt. Paris, p. 516.] Peter Rubie the Pope's Legat in the year 1240. exacted an excessive unusuall Tax from the English Clergie; the whole Clergy of Berk-shire (and others) did all and every of them unanimously withstand it, tendring him divers reasons in writing of their refusall, pertinent to our time and present Tax; whererof this was one, That the Revenues of their Churches scarce sufficed to finde them daily food, both in regard of their smalnesse, and of the present dearth of Corne; and because there were such multitudes of poore people to relieve, some of which dyed of Famin, so as they had not enough to suffice themselves and the poore. Whereupon THEY OUGHT NOT [Page 23] TO BE COMPELLED TO ANY SUCH CONTRIBUTION: which many of our Clergy may now likewise plead most truly, whose Livings are small, and their Tythes detained; and divers people of all ranks and callings, who must sell their stocks, beds, and all their houshold-stuffe, or rot in prison, if forced to pay it.

Eightly, the principall inducement to bring on the payment of this Tax, is a promise of taking off the all-devouring and undoing Grievance of Free-quarter: which hath ruined many Countreys and Families, and yet they must pay this heavy Tax to be eased of it for the future, instead of being paid and allowed for what is already past, according to [Note: A Collection, &c. pag. 771.] former engagements. Against which I have these just exceptions,

1. That taking of Free-quarter by Soldiers in mens Houses, is a Grievance against the very Common-Law it self, which defines every mans House to be his Castle and Sanctuary, into which none ought forcibly to enter against his will; and which with his goods therein he may lawfully [Note: See Cook, 5. Report. fol. 91, 92. Semans Case. 7 Rep. Sendels case. Lambert f. 179. Daltons Justice of Peace, 224. 24 H. 8 c. 5.] fortifie and defend against all intruders whatsoever, and kill them without any danger of Law: Against all the Statutes concerning [Note: See Rastal Title Purveyers.] Purveyors, which prohibit the taking of any mens goods or provisions against their wills, or paiment for them under pain of Felony, though by Commission under the great Seal of England. Against the expresse Letter and Provision of the Petition of Right; 3. Caroli. Condemned by the Commons House in their [Note: An exact Collection, p. 7.] Declaration of the state of the Kingdome of the 15. December, 1641. and charged as an Article against King Richard the second when deposed, in the Parliament of 1. H. 4. nu. 22. Yea, it is such a Grievance, as exposeth the houses, goods, provisions, moneys, servants, children, wives, lives, and all other earthly comforts we enjoy, to the lusts and pleasure of every domineering Officer, and unruly common Souldier. And to impose an unjust, heavy Tax, and induce people to pay it upon hopes of freeing them from Free-quarter, is but to impose one grievance to remove another.

2. There have been many promises, Declarations and Orders of both Houses and the Generall, for taking off Free quarter heretofore, upon the peoples paying in their Contributions before-hand, as now: and then none should Free-quarter on them, under pain of death; Yet no sooner have they pay'd in their Contribution, but [Page 24] they have been freequartered on as much or more then formerly: the Souldiers, when we tell them of any Orders against Freequarter, slighting them as so many wast papers, and carrying themselves more unruly: And when complaint thereof hath been made to the Officers, Members, or the Committee for the Army, or in the House; answer hath still been made, That as long as there is an Army on foot, there will be freequarter taken, and there can be no prevention of it, there being a necessity of it: and when any have craved allowance of it; they have found so many put-offs and delayes, and such difficulties in obtaining it, that their expences have equalled their allowance; and after allowances made, the moneys allowed have been called for again. So as few have had any allowance for quarters, and given over suing for them, being put to play an after-game to sue for them after all their contributions first paid, and not to deduct them out of their Contributions, which they are still put to do. This pretext therefore of taking sway Free-quarter, is but a shoo-horn to draw on the payment of this Tax, and a fair pretext to delude the People, as they finde by sad experience every-where, and in the County and Hundred where I reside. For, not to look back to the last yeers free-quarter taken on us (though we daily paie our Contributions,) In April and May last past, since this very Tax imposed for taking away Free-quarter, Colonel Harrisons Troopers under the command of Captain Spencer, (who quartered six days together in a place, and exacted and received most of them 3s. others 3s. 6d. and the least 2s. 6d. a day for their Quarters, telling their Landlords, that their Lands, and the whole Kingdom was theirs) have put Bathwick, Bathford, Claverton, Combe, Hampton, Toustock, Walcot, and Wedcombe, small parishes in our Hundred and Liberty, as they will prove upon Oath, and given it me under their hands, to 94li. 4s. 3d. charge; beside what quarters in other parishes of the Hundred Sir Hardresse Wallers Souldiers upon pretext of collecting arrears of Contribution not due from the hundred, put it to at least 30l. charge more for free-quarter, they being very rude and disorderly; and no sooner were we quit of them: but on the 22 and 23 of May last, Col. Hunks his Foot under the conduct of Captain Flower and Captain Eliot pretending for Ireland, but professing they never intended to go thither, marching from Minehead and Dunster (the next Westerne Ports to Ireland further from it to op [Page 25] presse the Country, put Bathwick, Langridge, Witty, Beatheaston, Eutherin and Ford to 28l. 7s. and Swainswicke, where I live, to about 20l. expences for three dayes Freequarter (by colour of the Generals Order dated the first of May) being the rudest and deboistest in all kinds, that ever quartered since the Warrs, and far worse then the worst of Goring's men, whereof some of them were the dreggs; and their Captain Flower, a Cavalier heretofore in arms (as is reported) against the Parliament. Their carriage in all places was very rude, to extort money from the people, drawing out their swords, ransacking their houses, beating and threatning to kill them, if they would not give them two shillings six pence, three shillings, three shillings six pence, or at least two shillings a day for their quarters, which when extortet from some, they took free-quarter upon others, taking two, three, and some four quarters a man: At my house they were most exorbitant, having (as their Quarter-Master told me, who affirmed to me they had twice conquered the Kingdom, and all was theirs) direction from some great ones above, from some others in the Country (intimidating some of the Committee) and their own Officers (who absented themselves purposely, that the Souldiers might have none to controll them) to abuse me. In pursuance whereof some thirty of them coming to my house, shouting and hollowing in a rude manner on May 22, when their Billet was but for twenty, not shewing any Authority, but only a Ticket [Mr. Prynne 20] climbed over my walls, forced my doors, beat my servants and workmen without any provocation, drew their swords upon me (who demanded whose Souldiers they were, by what authority they demanded free quarter, my house being neither Inne, nor Alehouse; and Free quarter against Law and Orders of Parliament, and the Generals) using many high provoking Speeches, brake some of my windows, forced my stong-beer cellar door, and took the key from my servant, ransacked some of my chambers under pretext to search for Arms, taking away my servants clothes, shirts, stockings, bands, cuffs, handkerchiefs, and picking the money out of one of their pockets; hollowed, roared, stamped, beat the Tables with their Swords and Muskets like so many Bedlams, swearing cursing, and blashpeming at every word; brake the Tankards, Bottles, [Page 26] Cups, Dishes, wherein they fetched strong beer against the ground, abused my maid-servants, throwing Beef & other good provisions at their heads, and casting it to the dogs, as no fit meat for Souldiers, and the Heads and Conquerors of the Kingdom, as they called themselves; searched the out-houses for Turkies, which they took from their eggs and young ones, Veal and Mutton being not good enough for them: They continued drinking and roaring before, at, and after Supper, till most of them were maddrunk, and some of them dead-drunk under the Table. Then they must have 14 beds provided for them (for they would lie but two in a bed) and all their linnen washed: My Sister answering them, that there were not so many beds in the house, and that they must be content as other Souldiers had been, with such beds as could be spared; they thereupon threatned to force open her chamber door, and to pull her and her children out of their beds, unlesse she would give them three shillings a peece for their beds, and next dayes quarters; and at last forced her for fear of their violence (being all drunk) to give them eighteen pence a peece, assoon as they were forth of doors, and six pence a peece the next day, if they marched not; whereupon they promised to trouble the House no more. Upon this agreement all but eight (who were gone to bed) departed that night, and the rest the next morning. But I going to the Lecture at Bath, some thirty of them in my absence came about ten of the clock, notwithstanding the moneys received of my Sister for their Quarters, re-entered the house, and would have Quarters again, unlesse she would give them three shillings a peece; which she refusing, they thereupon abused and beat the servants and workmen, forced them to drink with them all that day and night, swearing, cursing, roaring like so many Furies and Divels, brake open my Parlour, Milk-house, and Garden-doors, abused my Pictures and brake an hole in one of them; hacked my Tableboards with their swords from one end to the other, threw the chairs, stools, meat, drink about the house; assaulted my Sister, and her little children and Maid-servants with their naked swords, threatning to kill them and kick them to gelly, shot at them with their Muskets, forced them out of the House to save their lives: which I hearing of, repaired to my house, and find [Page 27] ing them all so Bedlam mad, and that they would not hearken to any reason, nor be quieted, I thereupon rode to seek their Captain and Officers at Bath, who purposely absented themselves; and not finding them till the next morning, I acquainted the Captain then, (as I had done the first night by Letter) with all these unsufferable outrages of his Souldiers (contrary to the Generals Orders to carry themselves civilly in their quarters, and abuse none in word or deed) which would render him and them odious, not onely to the Country and Kingdom, but all Officers and Souldiers who had any civility in them, and be a disparagement to the Generall, by whose Proclamation he ought to be present with his Company to keep them in good order, under pain of cashiering: And therefore I expected and required Justice and Reparations at his hands; the rather, because I was informed by some of his own Souldiers and others, that they had not been so barbarously rude, but by his incouragement, which if he refused, I should complain of him to his Superiours, and right my self the best way I might. After some expostulations, he promised to make them examples, and cashier them, and remove them forthwith from my house: But the onely right I had, was, that more of his company repaired thither, making all the spoil they could, and taking away some brasse and Pewter, continuing there till neer four of the clock; and then marched away onely out of fear I would raise the Country upon them; many of whom profered me their assistance; but I desired them to forbear till I saw what their Officers would do; who in stead of punishing any of them, permitted them to play the like Rex almost in other places where they quartered since, marching but three or four miles a day, and extorting what moneys they could from the Country by their violence and disorders. Now, for me or any other to give moneys to maintain such deboist Bedlams and Beasts as these (who boasted of their villanies and that they had done me at least twenty pounds spoil in Beer and Provisions, drinking out five barrels of good strong Beer, and wasting as much meat as would have served an hundred civill persons) to be Masters of our Houses, Goods, Servants, Lives, and all we have, to ride over our heads like our Lords, and Conquerours, and take Free quarter on us, amounting to at [Page 28] least a full yeares contribution, without any allowance for it, and that since the last Orders against Free-quarter, and warrants for paying in this Tax to prevent it for the future, issued; is so far against my reason, Judgement and conscience, that I would rather give all away to suppress, discard them, or cast it into the fire then maintain such graceless wretches with it to dishonour God, enslave, consume, ruine the Country and Kingdome; who everywhere complain of the like insolences; and of taking free quarter since the 9 of June, as above two hundred of Colonel Coxe his men did in Bath the last Lords day; who drew up in a body about the Majors House, and threatned to seise and carry him away prisoner for denying to give them free quarter, contrary to the New Act for abolishing it. Lastly this pretended Act implies, that those who refuse to pay this contribution without distress or imprisonment shall be stil oppressed with freequarter: And what an height of oppression and injustice this will prove not only to distrain & imprison those who cannot in conscience, Law, or prudence submit to this illegall Tax, but likewise to undoe them by exposing them to free-quarter, which themselves condemne as the heighst pest and oppression; let all sober men consider; and what reason I and others have to oppose such a dangerous destructive president in its first appearing to the world.

Ninethly, The principal end of imposing this Tax to maintain the Army and forces now raised, it not the defence and safety of our ancient and first Christian Kingdom of England, its Parliaments, Laws, Liberties, and Religion, as at first, but to disinherit the King of the Crown of England, Scotland, and Ireland, (to which he hath an undoubted right by common and Statute Law; as the Parliament of 1 Jacobi. ch. I. resolves) and to levy war against him to deprive him of it: To subvert the ancient Monarchical Government of this Realm, under which our Ancesters have always lived and flourished, to set up a New republick, the oppressions and greivances whereof we have already felt (by increasing our Taxes, setting up arbitrary Courts and Proceedings to the taking away of the lives of the late King, Peers, and other Subjects against the Fundamental Laws of the Land, creating new monstrous Treasons never heard off in the world before, and [Page 29] the like) but cannot yet enjoy or discern the least case or advantage by it; To overthrow the ancient constitution of the Parliaments of England, consisting of King, Lords, and Commons, and the Rights, and Priviledges thereof. To alter the fundamental Laws, Seales, Courts of Justice of the Realm, and introduce an arbitrary Government at least, if not Tyrannical, contrary to our Lawes, Oathes, Covenant, Protestation, [Note: See an Exact collection: and a collection of publick Orders and p. 99.698.700.877.878.] publick Remonstrances and Engagements to the Kingdom and forraign States, not to change the Government, or attempt any of the premises. All which being no less then High Treason, by the Laws and Statutes of the Realm, (as Sir Edward Cook in his 4 Institutes ch. 1. and Mr. St. John in his Argument at Law, upon passing the bill of Attainder of the Earl of Strafford (both printed by the Commons special order) have proved at large by many presidents, Reasons, Records; and so adjudged by the last Parliament in the cases of Strafford and Canterbury, who were condemned and executed as Traytors by judgement of Parliament, and some of these now sitting, but for some of those Treasons, upon obscurer Evidences of guilt, then are now visible in others:) I cannot, without incurring the Crime and Guilt of these general High Treasons, and the eternal, if not temporal punishments incident thererunto, if I should voluntarily contribute so much as one peny or farthing, towards such Treasonable and disloyal ends as these, against my Conscience, Law, Loyalty, duty, and all my Oathes and obligations to the contrary.

Tenthly, The payment of this Tax for the premised purposes, will (in my poor judgment and conscience) be offensive to God and all good men, scandalous to the Protestant Religion, dishonourable to our English Nation, and disadvantagious and destructive to our whole Kingdom, hindering the speedy settlement of our Peace, the re-establishment of our Laws and Government, establishing of our Taxes, disbanding of our Forces, revivall of our decayed Trade, by the renewing and perpetuating our bloudy uncivill Warrs; engaging Scotland, Ireland, and all forreign Princes and Kingdoms in a just War against us, to avenge the death of our late beheaded King, the [Page 30] dis-inheriting of his posterity, and restore his lawfull Heirs and Successors to their just, undoubted Rights, from which they are now forcibly secluded; who will undoubtedly molest us with continuall Warrs (what-ever some may fondly conceit to the contrary) till they be setled in the Throne in peace upon just and honorable terms, and invested in their just possessions. And therefore I can neither in conscience, piety nor prudence, ensnare my self in the guilt of all these dangerous consequences, by any submission to this illegall Tax.

Upon all these weighty Reasons, and serious grounds of Conscience, Law, Prudence, (which I humbly submit to the Consciences and Judgments of all conscientious and Judicious persons, whom they do or shall concern) I am resolved by the assistance and strength of that Omnipotent God (who hath miraculously supported me under, and carried me through all my former sufferings for the Peoples publick Liberties with exceeding joy, comfort, and the ruine of my greatest enemies and Opposers) to oppugne this unlawfull Contribution, and the payment of it to the uttermost, in all just and lawfull wayes, I may; And if any will forcibly levie it by distresse or otherwise, without Law or Right (as Theeves and Robbers take mens goods and Purses) let them doe it at their own utmost perill. And I trust God and men will in due season doe me justice, and award me recompence for all the injuries in this kinde, and any sufferings for my Countries Liberties. How-ever, fall back, fall edge, I would ten thousand times rather lose life, and all I have, to keep a good conscience, and preserve my native Liberty, then part with one farthing, or gain the whole world with the losse of either of them; and rather die a Martyr for our Ancient Kingdom then live a Slave under any new Republick, or remant of a broken, dismembred, strange Parliament of Commons, without King, Lords, or the major part of the Knights, Citizens, and Burgesses of the Realme, in being subject to their illegall Taxes, and what they call Acts of Parliament, which in reality are no Acts at all to binde me, or any other subject, to obedience, or just punishment for Non-obedience thereunto, or Non [Page 31] conformity to what they stile the present Government of the Armies modeling, and I fear, the Jesuites suggesting, to effect our Kingdoms and Religions ruine.

William Prynne.

Swainswick,
June 16.1649.

Psal. 26.4,5.

FINIS.

Table of contents

• 1. A word to the Members of Parliament.
• 2. Laws including the Peoples Liberties.
• 4. A word to the Officers of the Army.

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

WHen a Ship is in imminent and evident danger of Shipwrack, every man engaged in her bottome, or in how small a proportion soever, part-owner. not onely justifiably may, but is much to be blamed if he do not, give the utmost assistance he can towards her preservation.

This being the Case of this Commonwealth apparent not onely from the hopes and expectations of her Enemies, but the feare and Concessions of her Friends, it is high time for every man to look about him, and not to think it sufficient that it is not through his default that she miscarries; but whether it be by reason of the headiness, imprudence, rashness of the Marriners, indiscretion and want of skill in the Pilots, or any other as dangerous over-sights in the Master, he is concerned to suggest the danger, and to offer the best he can towards prevention.

'Tis hard to find out, and peradventure not so safe to mention [Page 4] all the failings and miscarriages that have reduced us to these exigents; I purpose but favourably to touch upon them, as aiming not at exasperation, but recovering our selves into a better and more hopefull progress towards settlement.

First, then, I crave leave to express something of a generall vice, with which all of all parties are in some measure tainted: it is an Epedemical fault that we all love our selves too well to the detriment of others, and though self-love be natural, and in its fit bounds and measure allowable, yet is it in its inordinary, and when the eye of affection is bent all inward, condemnable, and the occasion of all the evils that are in the world: and therefore hath Christian Religion so well qualified it, as to make it compatible and coordinate with love of others, and by express precept so enjoyn'd it; yet how contrary is our practice, our great business being not to further an establishment good for all, but to supplant one another: The Kingly party whilst in power, villified, and rendred contemptible, yea very much uncapable of any publick employment, and gave all disturbance they could contrive in the enjoyment of propriety, and exercise of private industry, to all such as were not forward to support and plead for Prerogative: the Presbyter has done much the same in stickling for his government: the Independent and Anabaptist are in this point equally guilty, as Ireland some late years past can testify insomuch that the quarrell is justly said to be, who shall enjoy Power and Office, and every party hunts after this train, to have the disposall to himself and his relations of all gainfull imployments, and publick countenance, to the exclusion and subjection of others; a most unreasonable and much more unchristian fault; this, which eates out all friendship, natural affection, compassion, and plants instead of them, hatred, malice, discontent, rejoycings at one anothers Calamities; let every man lay his hand upon his heart, and conclude with himself, that so much as he has of this unjustifiable self-love, by so much he is disabled from truly serving his Country, in this time especially of its extreame exigence, and let him then seriously weigh the following motives and arguments against this general vice, the source of all failings in the management of both publick and private affaires.

[Page 5]

The Arguments and Motives against this so general vice are,

1. It frustrates the good end of Law and Government: the reason why people united under Government, was that a few of the more strong and most subtile should not abuse and domineer over the rest, this was to be restrained by agreement to Lawes and equall Government; if then the Government it self, which was intended as a defence and protection to all shall, be enjoyed by a part, and made use of, not to distribute equall Justice, but to curbe and subject the rest: it is much one, as if the people had no Law nor Government.

2. Who ever is touched with this kinde of self-love, hath nothing to say against the justice of his being a slave; for what measure he would mete unto others, he deserves himself.

3. Whosoever swayed by this self-love, runs the indirect paths of State policy, and makes use of what the support of his Pride and Ambition inforces him too; is guilty not onely of his own evils, but whatsoever in others are thereby occasioned, either in those that take part in his tyranny, or in the struglings of the people sensible of their oppression, and laboring for relief.

4. It is not fit that any man, the current of whose actions are guided by self-love, should assume to himself the appellation of Christian: For it is not onely taking that name in vain, but highly dishonoring it, and the Author thereof our Lord Christ, as if it were consistent with his Precepts; whereas the badge of his Profession, the practice of Himself and his Disciples, and the basis of all their practical Doctrines, is self-denial.

The remedy as to every one personally, is for every one to search his own heart, and to pluck out from thence the whole of this leaven; for if but a little be left behinde, it will leaven the whole lump.

The remedy as to the publick, is for all to concenter in something that is good for all; that is; in such a settlement where every man may be as to Law and publick Countenance, in an equal capacity (except by past actions for a time disabled) and alike protected in the enjoynment of propriety and exercise of honest Industry.

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Table of contents

1. Text 1:
2. Text 2:
3. Text 3:
4. Text 4:
5. Text 5:
6. Text 6:
7. Text 7:
8. Text 8:

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

Humbly Sheweth,

THat your Majesties Royal Father of blessed memory, upon complaint to him made by many Persons, Noblemen, Gentlemen, Goldsmiths, and others; and also to his Majesties Privy Councel, as appears by Orders of the Privy Council the 25. of January 1634. shewing,

That much course Gold & Silver Lace, Gold and Silver Thread, Spangles, Oaes and Wyre, was daily in great quantities sould for good Silver, to the great dammage and hinderance of the Mint, in the excessive quantities made for inferior persons. And that great quanities of English heavy Silver money, was culled, and melted down daily, for the making of these Manufactures, to the great wast of the stock of currant Silver, and to the daily deceit of the wearers of Gold and Silver Lace.

And by Order of some of your Majesties Royal Fathers Privy Council, viz. Mr. Secretary Cook, your Petitioner, and some others, were imployed to buy up several parcels of Silver Lace, in several Silk-men, [Page 2] and Wyerdrawers Shops in London: and thereupon your Petitioner, and some others, brought the said Lace, Spangles, Wyer, Purles, Oaes, to Mr. Alexander Jackson Assay-Master of Goldsmiths-Hall, and he Assayed about one hundred and twelve several parcels of Gold and Silver Lace, Spangles, Thread, Wyer, &c. as appears under his hand. All these Assaies being by him the sworne Officer appointed for that service, found, and reported to be all made of course and adultrate Silver, mixed with Copper, contrary to the Law, being vended, for good Silver; and the Gentleman is now living, a man of great experience, skill, and credit, that can attest this, to be true to your Majesties Privy Council.

And your Petitioner hath the names of the several mens Houses and Shops of the Silk-men, Wyerdrawers, and others, and the day, and the year, this course adultrate Silver was by them sould: These original Papers your Petitioner hath ready to produce to your Majestie, and your most honourable Council.

Thereupon his late Majesty, and his Privy Council Conncil (sic) , commanded Sir John Banks, your Majesties Father Attorney General, to put some of the eminent of the Offendors into the Star-Chamber; and thereupon both Refiners and Wyerdrawers petitioned his Majesty for a Corporation, and that they would so order themselves, that these abuses being so many, and fully proved, should all be regulated and prevented for the future. But upon full examination at the Privy Council, his Majesty, and the Lords, being fully possessed what had formerly been acted by the Wyerdrawers for several years. When they had a Corporation, that the abuses continued so notoriously notwithstanding the Wyerdrawers Charter, that their Corporation was damned in Parliament, about the latter end of King James's time, in a quiet time, this was done, and Sir Giles Montpersons had like to be undone for procuring the Wyerdrawers to have a Corporation, as will appear in the Parliament. Records to which I humbly referre.

May it please your Majestie, your Royal Father upon debate, and advice of his Privy Council, taking special notice of your Petitioners activitie and abilitie to discover, and reforme these abuses, in consideration of these service, did by his Letters Pattents appoint your yonr (sic) [Page 3] Petitioner for three lives, and the longer liver of them, to have, and take the charge and care to be the Surveyers, Tryers, Sealers, Assayers of all Gold and Silver Wyer, Thread, Purles, Oaes, Spangler, and all other Manufactures of this sort, and to Mark, Register, Seal, or Assay the same, before any of these Manufactures should be exposed to saile; with power given to your Petitioner, to search for, and seaze on all course and adultrate Silver, made into any of the aforesaid Manufactures, and to burn, and deface the same, according to the Law, to suffer no Silver to be wrought into any of these Manufactures, or put to saile, but Sterling Silver at the least.

Your Petitioner hath two lives yet in being, his own life, and anothers, under the great Seal, for the grant and allowance of one half penny the ounce Troy for all Silver Wyer, Spangles, Purles, Oaes, and four pence the pound Venice, which is one half peny the ounce Troy for sealing or surveying all Gold and Silver Thread, &c.

For the consideration of these Fees, your Petitioner did keep, and is bound to keep at his own charge several persons to give their attendance to Survey or Assay all Gold or Silver Wyer, Thread, Spangles, &c. to pay House-rent, books, wax, fire, coles, &c. and to warrant to all persons whomsoever, that all Gold and Silver Wyer drawn at the Office appointed by your Majesties Royal Fathers Proclamation, should all be made of good Silver, none under Sterling, or the Standard.

And if it should chance any person or persons to be wronged in the premises, and buy Gold and Silver Wyer, Thread, or Lace, made and drawn, and sealed in the said Office, by your Petitioner, or his Servants, that then your Petitioner should pay full damages to any Person that could find out, or discover the same.

And your Majesties Royal Father set forth his Proclamation, and appointed by his Commissioners under the great Seal, some of His most honourable Privy Council, his Attorney and Solicitor General, and Masters of Request, and Clarks of the Council, His Officers of the Mint, and some eminent Aldermen to be his Commissioners, giving them instructions under his Majesties sign Manual, this being done 1635. by the advice of His Privy Council, after many daies hearing at the Council Table.

These Gentlemen sate every week one day, and five made a Committee, and sometimes more, to regulate and restrain the abuses, and they caused some of the Offenders to be set in the Pillory, being indicted at Newgate; and in the compasse of six years, brought the workmen wotkmen (sic) , and all people trading in this Manufacture, into that good order and decorum, that all Gold and Silver Lace, Thread, Wyer, &c. was [Page 4] as exactly made as the Plate or moneys of the Kingdom, the numbers of Workmen regulated, a due Proportion of Silver to Silk, whereby this Manufacture was made the best in London of any place in Christendom, and your Petitioner seeing all orders and rules setled and made by the Commissioners, or any five of them to be duly executed exeeuted (sic) , was the principal cause of that Reformation that followed. This Regulation was complained of in Parliament, 1640. but upon Examination all Parties put to take their Remedy by the Law, and I have in all times justified the Regulation. [Note: Your Petitioner being 1641. first sent by the Parliament a Prisoner to Peter house then a ship board to the Kings Bench: & in the year 1643. sent close Prisoner to the Tower for near four years, being beîng (sic) kept in a dungeon 928 daies of that time, and had my estate plundred, to the valew of eleven thousand pounds, and my damage at this day above twenty thousand pounds, and threatned to be sent for a slave to Argier, for bringing from your Majesties Royal Father from Oxford 1643 a Letter for peice to the City of London. In all I was about eight years a Prisoner.]

But upon the persecution of the long Parliament, your yonr (sic) Petitioner went to your Royal Father to York, and the honourable Commissioners appointed for the regulating this Manufacture, being Privy Counsellors, and other eminent Officers of the Kingdom. These Gentlemen, almost all of them, according to their duties, followed your Majesties Royal Father in all his Troubles, but since, length of Time, fortune of the Warres, and other casualties, almost all of these Honourable Concellors are dead, by whose wisdom and care these abuses were regulated, and this Regulation afterwards neglected, the heavy coines melted, Silver slightly and adulterately made, to the damage of the Kingdom many hundred thousand pounds within this twenty years.

In your Petitioners Patent under the Great Seal of England, there is this Provisoe, that if hereafter the Government or Regulation of this Manufacture by Commissioners, be altered or changed into any other form, or any other Proclamation for the regulating this Manufacture, yet your Petitioners Grant, with his Fees and Powers, should be, and continue firme, good and effectual in the Law, as appears by your Petitioners Patent, dated 7 Sept. 14. Car. which Patent taken out of the Rolls, your Petitioner hath left with the Honourable Mr. Attorney General, with a Petition to your Majestie, formerly referred to the Right Honourable the Lords Commissioners of your Majesties Treasury, touching the Regulation of this businesse, 15. Sept. 1661.

Your Petitioners humble prayer to your Majestie is, that your Majesty would speedily prevent the great abuses and disorders daily practised, in the undue making of Gold and Silver Thread, Wire, Lace, Spangles, and the unlawful melting of the heavy current silver Coines, there being above twenty thousand pounds a year wasted and bruised away, by thin and slight making of Silver Lace, for the private profit of the Wiredrawers, which whieh (sic) if it were duly made, would all be returned to the melting Pot, and avoid that waste of Treasure, that by order of your Majestie and your Privy Councel, all persons as formerly, from 1635. to 1641. be enjoyned to the due essaying of all Silver Wire at the Bar, and the Thread sealed, and true Registers kept of all Gold and Silver employed in this Manufacture, and all Bars and Engines brought into one place, according to the Pro [Page 5] clamation of your Majesties Royal Father, in the 11th year of his Reign, that so your Majestie may have a true Accompt what Silver is spent in this Manufacture, and so regulate the Excess, which is to the prejudice of your Mint, that base and inferior persons may not weare the same. [Note: I humbly beseech your Majesty to read the Reasons of the Committee for Trade, fol. 11.10 Head. never to trust the wiredrawers with a Corporation, or with the rule & government of this Manufacture. And then if your Majesty be pleased to compare what your royal Father of blessed memory observed of these wire-drawers in the Parliament, when he was Prince, that they had deceived their trust, and he would not trust them again. they have cozened the Kingdome whithin these twenty years of above twenty thousand pounds a year, in slight, course, and deceitful silver lace, and now are endeavoring to get a Corporation, to work in iniquity by a Law, if your Majesty prevent it not.]

And that your Petitioner may be required to continue his Searches so often as he shall finde just occasion, to seize all course Silver, under sterling, made or making into any of these Manufactures, and to deface the same, returning the material to the Owner as soon as they are defaced, according to his Patent, that no Gold or Silver Lace be hereafter mixed in any part with Copper, or made under sterling.

For the better enabling your Petitioner to do this service, your Petitioner humbly prayes your Majestie to renew your Royal Fathers former Commission 1635. with such alterations and additions, as your Majestie and your Privy Councel, with the Attorney General shall judge fit, for the persons and the powers to be your Majesties Commissioners for this business.

Or else if your Majestie and your Privy Councel shall think it meet for your service, and the fuller discovery of these abuses, (never suffer the Gold Wiredrawers to have a Corporation.) But if your Majestie, by advice of your Privy Councel, command the Corporation of Goldsmiths, by reason the regulating of Gold and Silver is a particular branch of their Trade, that they be required by your Majestie to take and view the former regulation of this Manufacture, as it was setled by Commissioners, from the year 1635. to 1641. and to consider of such alterations and additions for the due Regulation of this Manufacture, that all abuses now practised in the Workmasters, Workmen, Traders and Venders of this Commodity, may for the future be prevented; your Majestie, Nobility, and Gentry duly served with good Silver Lace, which maintaines by Manufacture many thousand people in the City of London.

All Gold and Silver Wire drawn at the Office for any of these aforsaid Manufactures, of Lace, Thread, Embroidery, to the essayed and warranted to be good Silver Sllver (sic) by your Petitioner, as he hath put in Security into the Exchecquer Exchecqner (sic) , or to pay the damage.

That the Company of Goldsmiths, as often as occasion shall require, shall from time to time propound such Rules and Orders, for the due making, vending, and uttering the same Manufactures, as they in their experience shall finde most necessary for the ends expressed, and being required by your Majestie, for their daily assisting, advising, and counselling your Petitioner to discharge the Trust and Duty of his Place, according to his Grant under the Great Seal, that so all the former abuses for the future may be prevented, and the credit of this manufacture restored, and your Petitioner encouraged to do his duty, to discover these abuses, and for to incourage the Goldsmiths Company to look carefully after this [Page 6] businesse, that after the Expiration of your Petitioners Grant, by your Majesties grace and goodnesse, the Powers, Fees and Salaries granted to your Petitioner, to enable him to do this service, may for ever be fixed and annexed to the Company of Goldsmiths and their Successors, they then putting in Security in fifteen hundred pounds into the Exchecquer, as your Petitioner hath done already, for the warranting all Gold and Silver Wire drawn as aforesaid, for making any the aforesaid Manufactures to be good Silver, and that the Company of Goldsmiths by your Majesties Gracious Reference, be commanded to certifie your Majesties Privy Councel, and your Attorney General, of such wayes and Rules they shall find best to prevent these abuses, your Majestie being graciously pleased to recommend the same to your Parliament, to have this Regulation setled on the Goldsmiths by Parliament. This will perfect the Reformation, and prevent the daily abuses put on the Wearers of Gold and Silver Lace, when the Company of Goldsmiths that are Artists, but no Traders in this Manufacture, shall be bound to warrant the same to all persons, and to survey and see the Gold Wiredrawers do their duty.
And your Petitioner shall ever pray, &c. [Note: May it please your Majesty, I have spoken with the Company of Goldsmiths about a month since, who have declared to me, that if your Majesty, or your Privy Council send them your commands to set down the waies and rules, to the best of their skil for this Regulation, they will withal rediness humbly do it; and if these rules be approved on with such alterations as your Majesty, & your Privy Council shall judge fit, and by your Majesty recomended to the Parliament, and by them approved; they tell me this is the only certain and safe way for them to act, to reforme this abuse, which the Goldsmiths have confessed, they know is a great shame to the Kingdome, that the Nobility and Gentry should be so daily deceived as they are, in course slight, adulterate silver lace, wyer, spangles, thread, &c. which the Assaying of, and Surveying of these Manufactures by your Petitioner, will for the future prevent, and the advice and assistance of the Company of Goldsmiths, will strengthen your Petitioner in this service.]

At the Court at Whitehall Jan. 25. 1634.

Present.

UPon Complaint made this day to his Majestie, sitting in Counsel by Sir Henry Mildmay, Knight Master of the Jewel-house, that much of his Majesties Plate had bin stollen, and then melted down into Ingots, and unlawfully sold, as well to sundry Goldsmiths as to Refiners. For proof whereof he presented sundry depositions, of which two were read. And upon Information given by some of the Wardens and Company of Goldsmiths, (who did this day attend) touching the detriment which ariseth by the undue pra [Page 7] ctices of the said Refiners. Who in stead of selling Silver Bullion to the said Company of Goldsmiths, or bringing it to the Mint, according to the Statute of the fourth year of Henry the seventh, do raise the same in finenesse, and utter it to the Wiredrawers, and others of like Trades, at higher rates, then either the Mint can allow, or the Goldsmiths can give. And do thereby cause the Consumption of a great and excessive mass of gold and silver, in thread, spangles, and other unnecessary things. His Majestie having taken the premisses into consideration, was pleased to order and command (with advice of the Board) that the said Sir Henry Mildmay shall go to Mr. Attorney General, with the said depositions, and what he else can produce to that purpose. And that the Goldsmiths shall likewise attend the said Mr. Attorney, with such informations as they have already, or can recover by further Inquirie, (wherein they are to use all speed and diligence) And that thereupon Mr. Attorney shall prosecute in a legal way, such as he shall finde to be offendors as well Goldsmiths as Refiners, in any of the particulars beforementioned, And cause the said Statute (against the said Refiners, &c.) to be strictly put in execution. And such course to be presently taken, that the penalties thereupon may be recovered against such as are or shall be found offendors against the said Statute.

W. BECHER.

IN prosecution of the aforesaid Order, and to bring the Offenders to Justice, by order of Mr. Secretary Cook and others. Mr. Alexander Jackson, the sworne Assay-Master of Goldsmiths Hall, was commanded to make true Assay of an hundred and twelve several parcels of Gold and Silver lace, Spangles, burnt Silver, some of this silver Lace and Thread, holding in Copper above foure ounces on a pound Troy, some 6d. 3d. 2d. worse then sterling upon the ounce. This was done in April 1635. And in May 1639. all these parcels of Silver Lace, Purles, Spangles and Thread, made and reported by the abovesaid Mr. Alexander Jackson, for which service I paid him five pounds, as I have his Receipt and Assayes reported under his hand, who is now living, a Gentleman of great experience and credit, and can justifie upon his Oath these several parcels of Silver Lace, being all under sterling; And I have it Attested under several hands, that these parcels of Silver Lace was made, uttered, and sold against the Lawes of the Kingdom, and contrary to the Oath of every Freeman of London, every Freeman working any Gold or Silver, doth or ought to sware to work no Silver in any Manufacture but sterling, nor no Gold in Manufacture under Crown Gold, that by the Law all persons offending ought to be Indited, and stand in the Pillory, [Page 8] and be fined at the Pleasure of the Justices at the Sessions, and find Sureties for their good behaviour.

I caused some of these offendors that made Silver Lace, Wire and Thread, with a Core of Copper, to be set in the Pillory in Cheapside, and fined at the Sessions, and caused twenty men to run out of the City of London, beyond seas, for selling Silver Lace mixed with Copper, This Sir George Sands knoweth to be true, his brother being cozened here in London with a great parcel of Silver Lace mixed with Copper, which he paid for as good Silver.

If your Majestie had not pardoned these Abuses, I could set down the particular names, and mark them to posterity with a black Impression, of both Silkmen, Wiredrawers, and others, with the number of about fifty Shopkeepers, who sold these hundred and twelve parcels of course counterfeit Lace, Spangles, Thread, Wire, for good Silver, and the year and day they did it, with good witnesses to prove it, which had they their due, by the Law they ought to stand in the Pillory, and make fine and ransome to your Majestie. But I hope for their amendment; yet if required, I can produce to your Majesties most Honourable Privy Councel their Names with witnesse.

At the Sub-Committeeof Parliament, appointed to take into consideration the several petitions of the Refiners of gold and silver, the Gold Wyer drawers, the Hand-Spinners with the Charie and Spindle, and the Wheel-spinners, and of Thomas Violet of London, Goldsmith, for the due regulation of the Manufactures of Gold and Silver wyer and thread, purle, oaes, plated wyer, spangles, and Copper wyer and thread, &c. to prevent the former abuses practised in the said Manufactures: and to prohibit the culling, and melting down the currant Silver coynes of this Nation for the future.

WE have called before us the Petitioners, and have several dayes heard this businesse, and upon consideration had, we do offer as followeth.

1. Forasmuch as it appeared unto us, that several great abuses have been, and are daily committed in the culling, and melting down of the currant silver coynes, of this Nation: It is therefore offered, as our opinion, that his and the Parliament, take strict order, by Proclamation, or otherwise, to restrain the melting down of the currant coines [Page 9] of this Nation, for the making of these Manufactures, or any other manufacture whatsoever. We have had presented unto us four Proclamations, two of them in the time of the late King James his Reign, and the other two in the time of the late King Charles: which Proclamations we have perused, and do find in all of them, that the melting down of any of the currant Coines of this Nation is forbidden, upon strict penalties to be laid, and inflicted upon the offenders.

2. It is also our opinion, that it would be good and benificial to this Commonwealth, if his and the Parliament would be pleased to take order to prevent the daily abuses practised by Artists, in the making of these manufactures aforesaid; And for the discovering of these frauds for the time to come; And for that end and purpose to appoint a sworn Surveyor, with a Seal, for the sealing of all gold and silver thred, and copper thred, and to appoint punchion irons to be made, to mark all gold and silver wyer, that shall be imployed or spent in any the said manufactures: And the Surveyor, Assayer, or Sealer, to put in good security to his in the Exchequer, in the sum of 1500l. to warrant all the manufactures sealed, surveyed, and marked, to be good silver and gold, according to the standard, and well and duely made; the silver and gold thred to contain five ounces Troy to a pound weight Venice, which is Eight Ounces Troy, and one fifth part: And that no gold or silver wyer or thread, shall be hereafter made and sold, under sterling, or before the said gold and silver thread, or wyer, be viewed, and sealed, or stamped, upon pain of forfeiture of the same to his : And that strict order and command be given, that no person, or persons, do counterfeit the aforesaid Seal, or stamps which are to be appointed by his or the Parliament. The late King, to prevent the aforesaid abuses, in the eleventh year of his reign, by Proclamation appointed the Rose crowned, to be the seal, for sealing this manufacture of gold and silver thred; and for the copper gilt, and silvered thred, the seal appointed was the Lion crowned.

3. We offer it as our opinion, that all gold and silver thread, which shall be hereafter made, shall hold a due proportion of silver to silk: viz. no gold or silver thread be for the time to come made, under five ounces Troy, of sterling silver, to a pound weight Venice, upon pain of forfeiture of all the aforesaid manufactures, which shall not be wrought according to the aforesaid rule. But every work-master, and other persons whomsoever, are allowed to put in as much more silver as he or they please. And this rule being duely observed, will prevent all slight making of gold and silver thread: which will save the State in the Bullion of this [Page 10] Nation, many thousand pounds a year, which is now brushed and blown away, and comes to nothing.

4. We offer it, as our opinion, that the Office of Surveyor, Sealer, or Assayer, may be in one person, to be responsable to the Commonwealth, for all abuses in sealing sleight and adulterate silver thread, or marking course silver Wyer, under Sterling; to avoid putting and posting off one from another, the abuses, when they are found, either of course silver wyer, or of course gold or silver thread, made under Sterling, or not justly made, with five ounces of silver, Troy weight, to a pound Venice; That so the office being in one person, all persons wronged may know certainly where, and to whom they may come for their remedy, for all silver thread that is sealed, or silver wyer marked or stamped in the office, & which shall be found course and adulterate, or under Sterling, the officer to be bound to make it good, and pay the damage.

5. That the Sealers or Surveyers, shall cause all the silver imployed for these manufactures, to be duely assayed in the Barr, or Ingot, or in the hanck of wyer; and that true Registers and Entries be kept of the same, both of the quantity, and finenesse of every bar of silver, or hanck of Wyer disgrossed for these manufactures. And that the State may have a just account what silver is spent in this manufacture yearly: to that end, all Barrs and Disgrossing Irons, be brought to one place: as the late King by his Proclamation settled this manufacture, in the eleventh year of his reign.

6. That all gold and silver thread shall be made up in skeynes, and not on quills, according to the rules in the late Kings time; as appeares by the Proclamation in the eleventh year of the late King Charles. And that at one end of the skeyne there be put the workmans mark, and at the other, the tht (sic) Surveyors mark, or seal, to testifie the goodnesse thereof. And that all Master-workmen bring in their names, and their abiding places, and work-houses, and their seals, or marks, to be hung up openly in the office, as was formerly done in 1635. in the Office in Little Brittain, upon the penalty and pain of 200l.

And that the Surveyor and his deputies, may be impowered to make searches so often as he shall find occasion, to see all the workers of these manufactures, make good, and warrantable gold and silver thread and wyer, for all the said manufactures; and to seize all course and adulterate and slight manufactures aforesaid, for the use of his , where they shall be found false, or adulterate, or not a due proportion of silver to silk; or any person, or persons working these manufactures, [Page 11] whose name is not registred in the Office. We leave it to his and the Parliament, to set down what proportion of the seizures shall go to them that discovers the same offenders, for their encouragement.

7. Whereas upon hearing all parties concerned in the making of gold and silver thread, and upon due consideration of the same, finding that the use of the Wheeles in making the said Manufacture of gold and silver thread, is of great prejudice to the Commonwealth, in the making of slight, false, and counterfeit ware; and to the utter undoing of many thousands of poor Hand-spinners, who make the said Manufacture with the Chair and Spindle: It is therefore the opinion of the said Committee, that the making of the said Manufacture by the Wheeles, be totally supprest.

8. Forasmuch as this Committee are satisfied, that a great number of servant Maids leave their services, and betake themselves to the Trade of silver-spinning, lying in private chambers; not only to the impoverishing of themselves, but also of those who have been long exercised, and brought up in the said Trade, to the utter ruine of the poor people who have served apprentiships to this Trade, and their families: It is therefore offered as the opinion of this Committee, that from henceforth no person, or persons, either men or women, exercise the Trade of making this manufacture, but such who shall have served the terme of seaven yeares apprentiship to the said Trade, or have been exercised in the same for the terme of seaven yeares last past.

9. We offer, that no gold or silver lace, or other the manufactures aforesaid, be made up, or mingled with any Copper gold or silver thread, wyer, or plate, under the penalty of one hundred pounds, And that no person using, or making any copper gold, or copper silver wyer, plate, thread, spangles, oaes, or any other the manufactures aforementioned, shall at the same time, make, utter, or sell any right gold and silver, under the penalty of one hundred pounds. And we do likewise think it necessary, that all copper wyer being silvered, or gilt, be disgrossed all at one place: and the copper thread to be sealed with a seal to be appointed by his and the Parliament; and the Surveyer of the silver thread to be keeper of the seal for the copper; as was formerly done by the Regulation in the 11th. of King Charles.

10. We offer it as the opinion of this Committee, That whereas the Refiners and Wyer-drawers have desired a Corporation, to regulate their [Page 12] their Trade, and the numbers, and that interlopers, and such as have no right to the trade, may not pester their profession; these interlopers working unduely in corners: [Note: I humbly beseech your Majestie to mark well this 10. head.] We conceive a Corporation granted to them, with several restrictions, for the just, and due Regulation, may be very serviceable to the Commonwealth: and some of these Restrictions we here set down, the rest we leave to be added. 1. That this Trade never get a licence to cull, or melt the coynes of the Nation, for making their manufacture. 2. That they may not work any silver under the Standard. 3. That they may not work gold or silver thread with lesse silver then five ounces Troy weight, to a pound Venice; for the thin plate of silver to a great body of silk, being laid on a garment, the silver is brushed, and rubbed away, and there remaines very little silver to the meltingpot: and by this fraudulent practice, an incredible sum of silver is wasted yearly, as hath been affirmed to us by Artists, above thirty thousand pounds a year, which by this Regulation, of putting five ounces Troy of silver, to a pound Venice, will be saved in the stock of the Nation: and the lace will last four times as long, and the silver will return all to the melting-pot. It is our opinions, that his have yearly the weight and true value, and finenesse of the Standard of all gold and silver daily imployed, or spent in this manufacture, as they register in the mint and Goldsmiths-Hall, the true weight of the plate and moneys; and this Register shall be kept and delivered in yearly, by the Sealer and Assayer of this manufacture upon oath. And we offer it as our opinions, That if the State will have any good to come of this Regulation, and to be justly and faithfully served; then the place of Surveyer, or Sealer and Assayer, must never be put into the hands of any person that is a trader in these manufactures; but such a one as hath skill, and is no trader in these manufactures, for if he once be a trader, during the time he is Surveyer and Sealer; he will be his own carver, and then he will have a great temptation to be corrupt.

11. We find, upon several dayes examination of this business, concerning the Regulation of these Manufactures, Mr. Thomas Violet, who is under sequestration, who formerly was Surveyer and Sealer in the late Kings time, and hath prosecuted this business for many yeares, to have a due Regulation of these manufactures, to be a person very active, and knowing in every part of the mystery of these manufactures. He hath presented unto us by proof, attested under several mens hands, the general abuse that was in London, in the deceitful making these manufactures, and selling them for good silver, when they were all course and adulterate; which caused the late King and his Council in 1635 to settle that Regulation.

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And we are all of opinion, that there is an absolute necessity, for the service and advantage of the Commonwealth, to prevent the frauds daily practised in the making these Manufactures, that such an office and Officer, for the sealing, marking, surveying, and assaying all the aforesaid Manufactures, be appointed, and settled for the time to come: and the said Officer to warrant these manufactures to the wearers, and Nation in general: and to put in good security in the Exchequer for doing the same, in the summe of fifteen hundred pounds, to have this course taken. We hold it very fit and necessary, for the prevention of all the aforesaid abuses, now put on this Commonwealth. And the undertaker ought to have all encouragement in this businesse, being a considerable service done to the Nation; most especially to such as wear gold and silver lace, All which we submit.

16. June, 1667. This is a true Copy of the several Votes of the SubCommittee, to whom the Petition of Mr. Thomas Violet was referred. Which votes were signed by Mr. Dunce, Mr. Moody, and Mr. Clark.
John Martin Clark to the Committe for Trade.

To the Right Honourable, the Parliament of England, &c. The humble Petition of Thomas Violet.

Humbly Sheweth,

THat your Petitioner represented the 1. April 1659. unto the Parliament then sitting, that daily great quantities of heavy currant Silver Coines of this Nation, were melted down for the making Gold and Silver Wyer, Lace, Thread, Ribbons, Spangles, &c. to the great wast of the stock of the Nation; by which evil practises many mischiefs, cheats, and damages are intruded upon this Common-wealth, which ought strictly to be prevented, and most especially in this conjuncture of time, having wars with Spain, and the springs of Silver which used to flow in to us by Trade, now stopped. [Page 14]

That great quantities of Gold and Silver Thread, and Lace, is slightly, and unduely wrought, to the great deceit of those that weare the same, as your Petitioner hath proved in many particulars to the late Committee of Parliament for Trade, to whom that businesse was referred.

And they upon many daies Examination, and full hearing of all parties, as by their Certificate of the Committee of Trade hereunto annexed, may more fully appear; have certified the daily great abuses by the false, and deceitful making Gold and Silver Thread and Wyer, the wearers being daily cozened, both in putting into their Silver Thread a slight proportion of Silver to silk, whereas they should make good silver Thread to containe six ounces fine silver, and two ounces of silk to one pound Venice of Silver Thread, and five ounces fine silver, and three ounces of silk to the slightest Silver Thread, that ought to be made.

Now great quantities of Gold and Silver Thread and Lace, is dayly sould, which containes five ounces Silk, to three ounces Silver, and four ounces Silver to four ounces silk; and many times this Silver Lace is not onely slightly and deceitfully made with a lesse proportion of silver to silk, then it ought to be, but also is made under sterling silver, being mixed with Copper, and the silk false and deceitfully dyed, which makes the Lace turne black and tarnish, and spoiles the Garment of all persons that weare the same, assoon as any wet or aire comes to the Lace.

Your Petitioner (the last Parliament in June, anno 1657. produced Mr. Alexander Jackson, the sworne Assay- Master of Goldsmiths Hall, before the Committee for Trade, who being examined, confessed that at one time, in the compasse of a few weeks, he made Assay of above one hundred several parcels of Gold and Silver Lace, Thread, Spangles, Wyer, which was bought up in several Shops in London, and brought to him by your Petitioner and others; all which silver Manufactures was sould for good Silver, and upon the Assaies every several parsel was found course and adultrate, under the Standard, as is attested under the hand of Mr. Alexander Jackson sworne Assay-Master for the Company of Goldsmiths, which Certificate your Petitioner hath ready to be produced for your Honours view.

It is certified by the Committee of Trade 16. June 1657. that they find it affirmed to them by several Artists, that by the slight making of Gold and Silver Thread and Lace, there is above thirty thousand pounds a year wasted and spent in this Nation, which by a due regulation of enjoyning all persons to put at least five ounces onnces (sic) fine silver to the pound Venice, this Treasure would all be saved in the stock [Page 15] of this Nation, and the Lace will last four times as long, as it now doth, and not turne black, and the silver return all to the melting Pot; for great quantities of Silver Lace that is now sould, the buyers are cozened both in the finenesse of the silver, being mixed with Copper under Sterling, or paying for silver when they buy silk heavy dyed, having many times a third part silk, more then ought to be put into the silver Thread, were it duely made, according to the former Rules 1635. to 1641. The late Sub-Committee for Trade, made so large a progress into this businesse, finding it to be of great concernment, spent many daies to finish their Report, and have certified the several frauds practised in the making all these Manufactures of Gold and Silver Wyer, Thread &c. And have set down Waies and Rules for the preventing the like abuses for the future.

Your Petitioners most humble prayer is, that this High Court would be pleased to finish so good a work, and perfect the Regulation of this Manufacture for the future, and that a Law be made, that none of the currant silver Coines be hereafter melted for the making any of these Manufactures: that no Gold or Silver in Wyer or Lace, be put to saile under Sterling: that no Gold or Silver Thread, hold or containe lesse silver then five ounces silver to be at the least Sterling, upon severe penalties, besides the defaceing of the Materials.

And that your Petitioner be commanded by the Parliament, to see to the due Execution, and to receive such fees and allowances, as he is authorized to take by his Patent under the great Seale of England.

And your Petitioner shall pray, &c.

This pretended Parliament referred this Petition to a Committee, and shortly after were forced, and dissolved by the Army. The Rump Parliament succeeded them, and promised to reforme these abuses, but did nothing but promise and delay. His Majesty returning for England, upon whose blessed arival, your Petitioner made this following Petition, and had this gracious Reference to the Right Honourable the Lords Commissioners of the Treasury: The original Petition is in the custody of Sir Philip Warwick, and followes, viz.

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TO THE KINGS Most Excellent MAJESTY, The humble Petition of Thomas Violet, of London, Goldsmith,

Humbly sheweth,

THat your Petitioner being commanded by your Majesties Royal Father, in 1643. to bring up his gracious letter to his City of London, directed to the Lord Mayor, Aldermen, and all other his well affected Subjects of that City, which letter your Petitioner did bring up to London, and was for so doing, committed to the Tower, by order of Parliament, where he remained four yeares, and for 92 dayes of that time, kept close prisoner in a dismal place, little better than a Dungeon: in which time of confinement, your Petitioner expended above 700l and the Parliament sequestred your Petitioner of all his estate they could finger, to the value of 11000l. and being taken out of all his imployment, to his damage of above 20000l. and could never obtain any part of his estate, to his total ruine, without your Majesty in your mercy relieve him. Your Petitioner prostrate at your Majesties feet, presents to your Majestie, the great severity of your Petitioners sufferings, there never being the like sad president in the Nation, during all these distracted times, that a man for bringing up a letter of peace from his late Majesty of glorious memory, should be ruined for obeying his Majesties commands; the only cause of your Petitioners sequestration and ruine being for so doing.

That upon complaint made by several persons, that great quantities of the currant heavy silver coynes and plate in this Nation is daily melted, and wasted, for the making of the manufacture of gold and silver thread, wyer, and lace, to the great waste and destruction of the stock of heavy English money, and great quantities of gold and silver transported without licence.

To prevent these abuses, your Majesties Royal Father, by the advice of his Privy Counsel, did grant unto your Petitioner for three lives, and the longest liver of them, the 7th. day of September, in the 14th. year of his late Majesties reign, a Patent under the great Seal of England, for the regulating the aforesaid abuses; and granted to them, and the longer liver [Page 17] of them, a Seal, being the Rose and Crown, with a prohibition to all persons, not to presume to counterfeit the same: Which Seal was for the sealing of all gold and silver thread, which they found upon Assay, Survey or Tryal, to be made of good silver, with a due proportion of silver to silk. And your Petitioners had by Patent for two lives, four pence the pound weight Venice, for warranting all the aforesaid gold and silver thread to be good silver, at least Sterling, according to the Standard of this Nation. And thereupon being made up in skeynes, we were to put the aforesaid seal upon it: and by their aforesaid grant, we were upon the drawing and disgrossing of all gold and silver wyer, for the making of spangles, oaes, purle, or gold and silver thread; upon the assaying of the said wyer at the bar, we were to register the weight and finenesse: and thereupon your Petitioner to receive one half penny an Ounce for all wyer employed in any the aforesaid Manufactures; and your Petitioner was impowered to receive all duties imposed, laid, or to be laid upon any the said manufactures. Upon consideration of the said Fees, your Petitioner is bound in the Exchequer with good security in 1500l. that all silver assayed, sealed, marked, or surveyed, as aforesaid, was to be fine silver, at the least as good as sterling: Whereas many yeares your Petitioner regulated this manufacture, and caused the same to be as exactly made, as the coyne, or plate of this Nation, till these sad troubles, when the Parliament sequestred your Petitioner.

Your Petitioners humble prayer is, That your Majesty would be pleased to recommend recommond (sic) to the Parliament, or to your Majesties Commissioners of your Treasury, the restraining of the melting of the currant silver coynes of this Nation, for the making of any the aforesaid manufactures, and against transporting gold and silver, and for the due paying of the duties and fees, according to the aforesaid afoaesaid (sic) Letters Patents: Which will prevent the abuses daily practised and committed: and these manufactures shall by your Petitioner for the future, be warranted to be good to the wearers, or to pay all dammages to the parties grieved, according as your Petitioner covenanted in the said Letters Patents. And in regard of your Petitioners great sufferings and losses, for doing your Royal Majesties Fathers service, as aforesaid; That your Majesty [...] gratiously pleased, by patent, to make your Petitioner one of your Majesties Auditors for the impresse, with the same fees as Auditor Beale and Auditor Bingly formerly received: or one of the Tellers of your Majesties Exchequer, with the usual fees: or that your Majesty would be gratiously pleased to appoint your [Page 18] Petitioner some Office in the Custome-house, or Excise; your Petitioner (by the blessing of God) and his own industry and experience, will improve your Majesties revenue in the said Offices.

And as in duty bound, your Petitioner shall pray for your Majesties long health and happinesse.

At the Court at White-Hall, 27. June 1660.

HIs Majesty being very sensible of the Petitioners Loyalty, and sufferings, is Gratiously pleased to refer the Consideration and Examination of the Assertions in this Petition, to the Lords Commissioners of his Majesties Treasury, who are accordingly to inform and certifie his Majesty what their Lordships conceive fit for his Majesty to do for relief of the Petitioner, as is desired: and then his Majesty will Declare his further Pleasure concerning the Petitioners humble request.

ROB. MASON.

This Original Petition and Reference is in the Hands of Sir Phil. Warwick.

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TO THE Right Honourable the Lord High Chancellour of England, the Lord High Treasurer of England, the Lord Privy Seal; the Lord Ashley Chancellour of the Exchecquer being all of the Committee for removing the obstructions of the Mint.

The humble Petition of Thomas Violet Goldsmith,

May it please your Lordships,

WHen I first left this aforesaid Petition with Sir Philip Warwick, I was commanded by some of your Lordships, to bring into the Lords of the Council a draught of a Proclamation against transporting of Gold and Silver, which I did, which begat a dispute at the Council of Trade, and a Certificate from them, for the Merchants to have free liberty to Export Gold and Silver without Licence, to have a free Market.

Whereupon I thought my self bound by my Allegiance, considering how much it did import the honour, safety, and welfare of his Majesty, and the Lords of His Privy Council, who by the Law can only grant to the Merchants upon their Petition and just Reasons shown, leave to transport Gold and Silver out of the Kingdome; and I know the mischiefs which might come to the Kingdome, if this great trust were left to the Merchants.

I did humbly (according to my best abilities) state the Kings right, and His Privy Councils by the Law, to have the only liberty to dispence with the Statutes against transporting Gold and Silver; which Reasons was opposed by some Honourable Gentlemen of the Council of Trade, before his Majesty and His Privy Council.

Sir George Downing and others, humbly pressing Arguments for to have that Royal Flower of the Crown, and to leave it free to the Merchants and others, to transport Gold and Silver.

Your Petitioner being commanded by his Majesty to give Sir George [Page 20] Downing an answer, I was necessitated to make a further Reply; and his Majesty was graciously pleased not to part with so great a power and trust to any other, then as the Law had invested it, his Majesty and His Privy Council being soly the Judges to restrain, or licence the transporting Gold and Silver, according as they in their wisdoms thought fit.

And since in the persuance of removing some obstructions in the Mint, his Majesty hath set forth three Proclamations, one against transporting Gold or Silver without leave from his Majesty; the other setling the Rule of the currant Gold Coine of this Kingdome; and the third decrying down after a certain Day, all Gold and Silver Coines that have been made in England since 1640. by any authority whomsoever, without his Majesties, and His Royal Fathers Warrant and Proclamation to make them currant. [Note: I ever held it my duty to do the Kings Majesties business first, and when that was done, humbly to present that which hath relation to my particular interest; & having obeyed some of your Lordships commands to give the Merchants a reason, why His Majesty could not trust them with the power to transport mony, but with the inconvenience of the whole Kingdom in general. Having done the Kings business, I now humbly come to your Honours to have the Execution of this aforesaid office, to Regulate Gold and Silver thread which I have granted unto me under the great Seal of England for two lives.]

May it please your Lordships, your Petitioner being intrusted with the Officers of his Majesties Mint, and commanded by some of your Lordships to draw the draft of the Proclamation the 10. of June in the thirtenth year of his Majesties Reign: He intreated the Officers of the Mint to speak with Mr. Attorney General, concerning the great abuses committed by the Corporation of Wiredrawers, in the adultrate, false, and slight making of Gold and Silver Lace. And so insert it into the Proclamation, that the Kings Majesty, with the advice of his Privy Council, would take speady Order therein. The words are, Viz.

May it please your Lordships, This Clause in his Majesties Proclamation, gave the Alaram to some persons that are Wiredrawers, to ingage some worthy Gentlemen to be instrumental to procure the Wiredrawers a Corporation from his sacred Majesty: and a draught of the Corporation being presented to the Wiredrawers by some persons, who do undertake to use their endeavours for to obtain a Corporation for them, the model presented was not liked by the Gold Wiredrawers: Therefore the Gentleman desires the Gold Wiredrawers, that they would alter the model of their Charter of Corporation as they pleased; and he would endeavour to get from his Majesty the Corporation according as the Wiredrawers would have it; for which the Gentleman covenants [Page 21] with the Wiredrawers to have from them one half penny the ounce for all Silver Wire imployed to make Lace or Thread, &c.,

May it please your Lordships, this Gentleman that would be tampering to get a Corporation for the Gold Wiredrawers of London, doth not know the former passages and proceedings in Parliament touching this very Trade, and the Workers, being Gold Wiredrawers.

About the year 1618. one Sir John Michael, and Sir Giles Monpersons together with the then Attorney General, which I take it to be Attorney General Elverton, combined together, and for a some of money, procured the Gold Wiredrawers a Corporation by sinester information to King James, which Corporation was complained of the next Parliament as a great abuse, and cozenage of these Wiredrawers of the Kingdome, openly shown to the Prince, and Lords, in the House of Lords, and by Act of Parliament their Corporation was damned, Sir Giles Monpersons, Sir John Michael being sentenced by Parliament for this Corporation, the Attorney General hardly escaped: I humbly referre my self to the Records of Parliament; which may be a warning for any, to have a care what they do, in going about to get these Wiredrawers a Corporation, let them remember Sir Giles Monpersons.

May it please your Lordships, your humble Petitioner hath his Majesties Royal Fathers Grant under the great Seal of England, Dated the 7. of Sept. in the fourtenth year of his Majesties Royal Father Reign, for two lives yet in being, his own life, and another, and the longer liver to warrant all these Manufactures to the wearers, and to receive one half penny the ounce upon all Wire Assayed or Sealed; and four pence the pound Venice for Gold or Silver Thread for sealing it, and warranting it to the wearers to be good, with a due proportion of Silver to Silk; which his Majesties Royal Father gave to your Petitioner for two thousand pounds his Majesty owed your Petitioner, for all his service and charges in spending above two thousand pounds to cause the transporters of Gold and Silver to be fined in the Star Chamber, and sentenced by the Lords, such Persons and such Fines set upon them as followeth, 13. Caroli. in the Star-Chamber. viz,

• Charles Frank 4000£
• Robert Ellis 4000£
• Isaac Romeere 3000£
• Jacob Delew 1000£
• Roger Fletcher 1000£
• Rich. Cockrem 1000£
• John Parrat 2000£
• Peter Herne 2000£
• John Terry 2000£
• Timothy Eman 2000£
• Isaac Brames 1000£
• Henry Futter 500£
• Henry Sweeting 500£
• John Perrin 100£

The totall of the said Fines amount to the summe of 24100£.

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At this day there wants a high Court of Star Chamber, to punish the transporters of Gold and Silver, and some Goldsmiths that furnish them with gold. This sentence did this good in the City of London, that for seven years after, from 1635, to 1642. that the Merchants were affraid to transport Gold or Silver; and the Mint constantly was kept on work, till these late troubles that overturned all things. [Note: I shall humbly desire that your Lordship would be pleased to take notice, that though his Majesty by his Proclamation hath called upon Gold, a twenty shilling piece to go for 2 l shillings 4 pence, and so ratably: yet some goldsmiths do take the bouldness to give 21 shillings 8 pence, 21 shill. 9 pence, and 21 shillings 10 pence. And this Gold is bought up by the Sectaries, either to transport, or else to hoard up for some bad design: His Majestie and your Lordships had need to be vigilent over these Fanaticks, they are daily working & hatching, God grant this; Cockatrise Ceckatrise (sic) be watched.]

Your Petitioners humble prayer is, that by your Lordships Justice for his Majesties service, this Manufacture be put under some strict Rule and Order, and that nothing may passe under your Lordships hands that may prejudice your Petitioners Grant which he hath under the great Seal of England, for the regulateing the said Manufacture.

1. I have humbly to recommend to your Honours great wisdom, the due consideration of these several following Heads, and humbly leave them at your Honours feet; and though they may not please the Wiredrawers, yet I am sure they be for his Majesties service. It is true, there is twenty thousand souls in London, live, and have dependance on this Manufacture, and that made King James and King Charles suffer this Manufacture to be made here.

2. My good Lords, it is worthy of consideration, the great damage his Majesty sustains in the losse of his Customer, the losse and prejudice of his Majesties Mint, by suffering the Silver after it is imported into this Kingdome, to be made into Silver Lace, &c. to be diverted from Coyn, which would pay a duty of coynage, and augment the stock of the Kingdome, which is now converted into this Manufacture: the valew imployed in Gold and Silver yearly, is about one hundred thousand pounds a year in Gold and Silver Lace, Wire, &c. which was it converted into Coine every year, and so passed between men, would drive a million for commodities a year in Trade, to the great improvement of the Kingdome by Commerce and Trade.

3. That upon calculation it will be found, the King in point of Customes and other Profits, loses above ten thousand pounds a year, by suffering this Manufacture to be made in England, as will appear upon calculation of his Majesties Book of Rates of his Customes.

4. That at this day there is no Excise laid on this Commodity, which under favour, humbly submitting to your great wisdomes, is a Commodity may bear an Excise as well, and better, than almost any thing in the Kingdome: gold and silver Lace is a superfluity, and it is the wearers payes the Excise, not the Silkmen, Wiredrawers, or other Tradesmen: this Trade his Majesty doth allow in favour of the poor women Spinners, and other poor people, that are above twenty thousand souls, who only have their livelyhood from this Manufacture, or else for the reasons aforesaid, it would not be allowed to be wrought in England.

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5. Therefore my humble Petition to your Lordships is, in regard your Lordships are of the Committee for the removing the obstructions of the Mint, that your Lordships settle such an Excise on this Manufacture, at the least two pence the Ounce, being so much as his Majesty loseth in the coynage of the same, to be approved and confirmed by the Parliament, for and towards his Majesties losse in His Customes, and in his Coynage, by suffering this Manufacture to be wrought in England.

6. That your Lordship would Order for the future, that no inferiour persons, as Servants, Maids, and other mechanick People, shall weare gold or silver Lace, it being an abuse to persons of honour, men and women, to have mechanick People and Servants to weare Gold and Silver Lace.

7. That your Lordships would be pleased, for the service of his Majesty, and good of all the wearers of gold and silver Lace, which are the Nobility and Gentry of the Kingdome, to require the Company of Goldsmiths to consider of such waies and means as they can adde, or alter, either out of the former Regulation setled by his Majesty 1635. or out of their own knowledg and experience by any other Way or Rules, and to use all speed they can therein.

8. The Company of Goldsmiths have declared to me before a Court of Assistants, that they know there is many abuses in this Trade, and if they be required from his Majesty, or your Lordships of the Privy Council, they would be very ready and willing, humbly to consider of such Waies for the prevention of these abuses for the future: and upon your Lordships approbation or ot (sic) alteration of what they shall propound, that those Orders and Rules agreed upon by your Honours for the Regulating of this Trade, may be recommended by his Maiesty to be confirmed by Parliament, and this will be a certain way to prevent these abuses for the future fnture (sic) , when the restraints and punishments shall be setled by Act of Parliament,

And so as in duty bound, your Petitioner shall daily pray.

THat after ages, and all true Englishmen may see the cruel oppression I sufferd under, for being faithful to his sacred Majesty King Charles the first, for bringing up to London from Oxford to the Lord Mayor and Aldermen of the City of London, by his Majesties especial command to me, 1643. this his Majesties letter: which was, as followeth,

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To our Trusty and welbeloved, Our Lord Mayor and Aldermen of Our City of London, and all other our well affected Subjects of that City Ctiy

C.R.

TRusty and welbeloved, We great you well. When we remember the many acts of grace and favour We and Our Royal Predecessours have conferred upon that our City of London,and the many Examples of eminent dutie and loyalty, for which that City hath been likewise famous, We are willing to believe, notwithstanding the great defection We have found in that place, that all men are not so far degenerated from their affection to us and to the peace of the Kingdome, as to desire a continuance of the miseries they now feel; and therefore being informed, that there is a desire in some principal persons of that City to present a Petition to us, which may tend to the procuring a good understanding between Us and that Our City, whereby the peace of the whole Kingdome may be procured: We have thought fit to let you know, That We are ready to receive any such Petition, and the persons who shall be appointed to present the same to Us, shall have a safe conduct; and you shall assure all Our good Subjects of that Our City, whose hearts are touched with any sense of duty to Us, or of Love to the Religion and Lawes established, in the quiet and peaceable Fruition whereof they and their Ancestors have enjoyed so great Happinesse, That We have neither passed any Act, nor made any Profession or Protestation for the maintenance and Defence of the true protestant Religion, and the liberties of the Subject, which We will not most strictly and Religiously observe; and for the which whieh (sic) we will not be alwaies ready to give them any security can be desired. And of these Our Gracious Letters We expect a speedy Answer from you. And so We bid you farewell.

Given at our Court at Oxford, in the 19. year of Our Reign. 26. De. 1643.

By his Majesties Command. George Digbie.

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

THe Lord Mayor and three other Justices being sate, two Commissions were read, one of Oyer and Terminer, and the other of Gaoldelivery of Newgate; and after that the usual Proclamation for the attendance of those who had any thing to do there was made:

The Jurors for London, that had been Impannell'd and Summon'd, were called to appear, and the Defaulters Recorded; and the like for the County of Middlesex.

The Clerk Arraigned some of the Prisoners on London-side, whose Names and Offences were as followeth.

ARRAIGNMENTS.

1. Susan Banster, alias Green, Indicted for stealing of Goods to the value of 13l. To the Indictment she pleaded Guilty. She was one that had been Convicted before of Felony, and was to be Transported; but as she was going, committed this Theft.

2. Stephen Arrowsmith Indicted, for that he, the 7th. of July last, did ravish and abuse one Elizabeth Hopkins, an Infant, of the age of eight years, against the form of the Statute in that case. To the Indictment he pleaded Not Guilty, and put himself on the Countrey.

3. John Baltee Indicted, for that he, the 3. Decem. 1678. at the Parish of St. Bennet Fink, did steal a Silver Tankard of the value of 5l. from one Thomas Browning. He pleaded Not Guilty, and put himself upon the Countrey.

4. James Bateman Indicted, for that he, the 25th. of Novem. 1678. did steal a Silver Tankard of 5l. value, from one Nicholas [Page 4] Jackson. He pleaded Not Guilty, and put himself on the Countrey.

5. Hanna Henman Indicted, for that she, the 12th. Novemb. 1678. at the Parish of St. Edmund the King in Lumbard-street, did steal from Thomas Rutty seventeen yards of Venetian Silk, of 7l. value. She pleaded Not Guilty, and put herself upon the Countrey.

6. William Shakesby Indicted, for that he, the 4th. of Novemb. 1678. at the Parish of St. Sepulchres, did steal and drive away five Bullocks, colour black, of the value each of them 5l. and one Bullock colour Brindle, of 5l. value, of the Goods of William Lord Petré. He confess'd himself Guilty of that and all other Offences within the benefit of Clergy.

Then the Clerk for Middlesex Arraigned some of the Prisoners in that County, viz.

1. Samuel Thompson Indicted, for that he the 4th. Novemb. 1678. did steal a Silver Cup, of the value of 20s from Thomas Halstead. He pleaded Not Guilty, and put himself upon the Countrey.

2. Mary Read Indicted, for that she, the 22 Novemb. 1678. did steal a Gold Ring of the value of 7s. from Stephen Higgins. She pleaded Not Guilty, and put her self upon the Countrey.

3. Margaret Wood, alias Alexander, Indicted, for that she the 7th. Octob. 1678. did steal from one Robert Lambert a Silver Cup, of the value of 9s. She pleaded Not Guilty, and put her self upon the Countrey.

4. Mary Hipkins and Jane Baly Indicted, for stealing some Linen of 30s. value, from Thomas Burdekin, 21 Nov. 1678. They both pleaded Not Guilty, and put themselves upon the Countrey.

5. John Leak of White-chappel Indicted, for that he the 16th. Novemb. 1678. did steal two Pieces of Broad-cloth from one William Mackham, off the Tenters in Goodmans Fields, &c. He pleaded Not Guilty, and put himself upon the Countrey.

6. Thomas Napton of Shoreditch Indicted, for that he, the 3d. Decemb. 1678. 40 yards of Broad-cloath, of the value of 16s. per yard, did steal from one Ralph Walford; and 20 yards more from one Anthrobus. To which he pleaded Not Guilty, and put himself upon the Countrey.

7. Anne Moundsel of Holborn Indicted, for that she the 4th. Nov. 1678. a Stuff Gown and Peticoat, and some Linen of small value, did steal from Mary Brasier. To this she pleaded Not Guilty, and put her self upon the Countrey.

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8. Margaret Smith Indicted, for that she, the 17th. Octob. 1678. did steal six yards of Silk of a small value, two Silver Caudle Cups 3l. 10s. one Silver Salt-cellar 30s. one Silver Porringer 10s. four Silver Spoons 1l. 4s. a Livery Gown 3l. a Chamlet Cloak 30s. and 15l. in Money, from one Messinger. She pleaded Not Guilty, and put her self upon the Countrey.

9. John Johnson and Thomas Johnson Indicted, for taking away 950l. weight of Lead from off the Parish Church of Stepney, being thereto fastned. To this Trespass they pleaded Not Guilty, and put themselves upon the Countrey.

Then the Grand Jury for London, coming in to bring in their Bills, were sworn anew, to enquire upon the New Commissions. Which being done, the Clerk for London Arraigned another Prisoner, viz.

10. Joseph Brown, for that he, the 16th. Novem. 1678. at AllHallows by the Wall, 100 yards of black Worsted Crape, of the value of 8l. of the Goods of Richard Croke, did steal; which he confessed himself guilty of, and of all other offences within benefit of Clergy.

The Prisoners for London were called to the Bar to look to their Challenges, and the Petty-Jury were sworn, whose names follow: Francis Kenton, James Lapley, William Howel, Samuel Williams, William Salter, Richard Ketch, Nicholas Ridley, William Standen, Ralph Cook, William Whitwell, Joash Pateman, and Anthony Foster.

These 12 being numbred, Proclamation in the usual form was made for Information against the Prisoners at the Bar, and for Prosecution from those, who by Recognizance were obliged to it: And those who were Impannelled fo the Jury, but were not sworn, were dismissed.

Then the Jury were charged to enquire of John Baltee, upon the Indictment before mentioned, whether Guilty or Not Guilty of stealing the Tankard of Thomas Browning.

To prove the Charge, one Elizabeth Web gave this Evidence, That the Prisoner at the Bar brought the Tankard to her house, and told her, he would either Pawn it, or sell it: And being asked whose it was, he said, It was not his own, but a Gentlemans hard by, who had sent him with it to Pawn or Sell. She looking upon the Tankard, saw the Name of the Owner, and the Sign where he lived, engraven upon it, to whom she sent immediately to [Page 6] know whether he had given the Prisoner Order to Sell it or Pawn it: and kept the Prisoner till he came, which when he did, he owned the Tankard, but denied the Prisoner had it with his Consent, and so they carried him before the Justice.

Browning the Owner of the Tankard deposed that he was a Cook, living behind the Exchange, that the Prisoner, the third of December last, came in there with some other Persons to drink, and stole the Tankard, and confessed the Matter before Sir William Turner.

Sir William Turner's Clerk witnessed his Confession before Sir William, and that he said, he was a poor fellow and in distress, and so took it to relieve his Wants.

The Prisoner being asked what he could now say to it, denied that he took it out of the house; but said that a Man, whose name he could not tell, gave it him to pawn: he confessed his being at that House that day; but was innocent of Stealing the Tankard. But not being able to prove his affirmation, it was left to the Jury to give what Credit they would to them.

The next that was tried, was Hannah Henman for stealing Silk from Mr. Rutty a Mercer in Lumbard-Street.

The Witnesses were Neighbours, who deposed that the Prisoner with another Woman, went into Mr. Rutty's Shop, and there snatch'd up the Silk and went away. They followed them, and laying hold on the Prisoner, the other slipt from them and ran for it; but they found the Silk about her; upon which they carried her before the Magistrate, who Comitted her. She being asked what defence she could make, said the other Woman told her she had bought it, and gave it her to carry away; but could not produce the Woman, nor would tell the Name. Whereupon the Judge directed the Jury to find it according to so plain an Evidence; but because the man had his Goods again, left the Value to their Consideration.

The Jury then without coming from the Bar, agreed of their Verdict, which they gave in thus.

That, John Baltee was guilty of the Felony he was indicted for, And

That Hannah Henman was guilty of the Felony she was indicted for; but they found the Value to be but 9s.

After which they were discharged, and to appear at Three aclock in the afternoon, in their Gowns.

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Then the Prisoners of Middlesex-side, were called to the Bar, and bid to make their Challenges if they pleased. The Jury then were Sworn, whose Names were, John Cane, James Sutton, James Harper, William Rider, William Hardy, Charles Pickering, William Thomson, Thomas Phelps, Stephen Lawrence, Thomas Cox, George Calcott, and John Burt.

Proclamation for Information, and Prosecution being made as before, they went on to the Trials of the Prisoners. And the first was Samuel Thomson, indicted for stealing a Silver Cup from Halstead, and Thomas Halstead the Owner of the Cup gave this Testimony against him.

That there came a Boy and the Prisoner together, and were walking up and down the Street, and he sent the Boy into the Shop where no body was; the Boy takes the Cup which was in the Shop, and coming to the Door gives it to the Prisoner. And one that was coming by, seeing the Boy give the Man something, Cri'd out, upon which the Master of the House came forth, and being told what was done, run after them and took the Prisoner with the Cup, but the Boy was lost in a Croud of Twenty Boys more. That the distance of the Place where he was taken, from the House whence the Cup was Stollen, was about twice the Length of the Court. That he did not carry the Cup openly, but hid it under his Coat.

To this, the Prisoner said, he was coming by there, and the Boy (whose name he could not tell, nor had he ever seen him before,) gave it him, saying he had taken it up by the Dust Cart, and that was all he could say for himself. Being asked what Profession he was of, he answered a Shoomaker. Upon which weak defence the Judge told the Jury, they were to consider of the Fact and the Value, the Party having his Cup again.

The next with whom the Jury was charged was

Mary Read, for Mr. Higgins's Ring, against whom Stephen Higgins deposed thus.

That the Prisoner had been a Customer to the Shop for near a Twelve Month, and used to come with a high Crownd Hat covered with an Oyld Case like a Country Market Woman, and would ask for Rings of Just such a Value, and would have them no more nor no less. She said she lived at Holloway, and came almost every week to the Shop; but yet she never bought about two in all, she only would cheapen, and he lost a great many, which he believed she stole from him. The Saturday before this Ring was gone, she [Page 8] came to buy a hollow Ring, which she had, and paid for, all but nine pence, and then he lost a Ring. Upon Thursday following when she came, having a suspicion of her, he resolved to lay wait for her. She came and asked for a Ring of such a Value: He reach'd down a Box, in which there were Rings upon every Pin, and laid it before her, she pitch'd upon one, which being weigh'd, she said was too heavy. He, to give her an Opportunity, turn'd his Back, and she took hold on it, and put one into her Bosom. When he turn'd about he presently miss'd the Ring, and affirming the Box was full, tax'd her with it; but she denied it, and offer'd to be Searched. A Gentlewoman who was by, and had seen her put it in her Bosom, told her so, and she offering to undress her Self, they carried her into the Kitchin, and there opening her Bosom the Ring drop'd upon the Bricks in the Floor. And he said it was the Fifth Ring she had Stole from him.

The Woman testified her seeing the Prisoner put her hand to her Bosom, and that she heard it fall upon the Bricks, but did not see it fall. The Value of the Ring was Sworn to be Seven Shillings.

The Prisoner with a great deal of whining denied the thing, and that it was but a Trick of the Goldsmiths to make her pay for Rings he had lost. But the Court told the Jury, the Witnesses Othes were to outway her bare Allegations, and left the Matter to them, for the Value.

Then was tried John Leake, for the Cloth of William Mackham, stoln off the Tenters, against whom the Witnesses gave this Evidence.

Mackham Swore that he lost two and Twenty Yards of Cloth off his Tenters, part of which was found in the hands of Susan Reynolds, who said she had it from the Prisoner Leake, and other parts of it were found at the Dyers. He knew it to be his Cloth, and it was of a Popinjay Green Colour.

Susan Reynolds attested that he brought the Cloth to her, and desired her to lay it up for him till he called for it. That she knew him, because he had been with her Brother six or seven times at her house. That he told her he took up the Cloth to carry to Sea with him, and he found it in Good-mans Fields, he desired her to lay up part, which was found in her house, and to carry part of it for him to the Dyers.

The Prisoner, who was a Lusty Fellow and an able Seaman, said nothing; but that he found it, and being asked why he did not Cry it, [Page 9] he said he did not understand the way of it, but could give no Evidence that he found it. Therefore it was left to the Jury.

Thomas Napton was the next Prisoner, who was indicted for stealing Cloth from Walford, and Anthrobus, against whom this was the proof.

Ralph Walford testified that the Prisoner was a Polisher of Looking-Glasses, and wrought and lodged in a place adjoyning to the Room where their Cloth lay. One morning about five of the Clock he comes to Walfords house, and said that he had been Rob'd, that they had bound his feet with a Neckcloth, and his hands behind him with a Linen Stockin, and that after they were gone, he unloosed himself, and unbound his feet, and rising, look'd what Cloth was gone, and went to the other man Anthrobus, and brought him to see what was lost; and there were found missing 2 Cloths of Walfords worth 8s. odd Money, and a long Merchants Cloth of Anthrobus worth 9s. odd Money; that he let the Thieves in upon their knocking, thinking they had been the Persons belonging to the Warehouse; that he was not intrusted with the Custody of the Cloth, but permitting him to have a Key to it, and passage through it, they thought their Cloth securer for his lying there. That he would take a thousand Oaths, the Cloth was there that night. That he confessed he made no Outcry when he was before Sir William Turner.

Anthrobus swore he made such a like story to him, and said it was his weakness that he did not cry out; that his Wife was gone out that morning by Three aclock to washing, as she was indeed, and that the Thieves came about Four, and he came to them about Five; That he said, he himself had lost nothing unless 3 or 4s. of his Wives, and his Kettle, which Kettle he had lent to his own Son in Law, 2 days before.

The Son in Law to Walford speaks to the same effect, that he said they nubled him about the Head, and bid him go to bed, you old Dog, and then bound him; that being told by Walfords wife, it was more like to be Evenings Work to take away the Cloth, than Mornings, he reply'd, for ought he knew it might be so, for he was out in the Evening, but when he came in, he did not miss any of the Cloth, because he knew not what was there. And afterwards said, he blest be God he got no hurt, but they did beat their Pistols about his head; and before had said, he was almost killed. And the same Evidence the Woman gave. And upon these Circumstances, they suspected the Prisoner.

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He denied the Felony, and told the story in Court himself; and being asked whether they could not have found Rope, or any more likely thing to bind him with, than the Stockin and Neckcloth, he said there was Rope enough, but it was not in the Room he lay in, but in the Warehouse: he confessed he said it might be the Evenings work, because he had been forth, and did not see what the Thieves carried away. That it was his weakness he did not pursue them, and for fear he durst not (though he could have done it) unbind himself till they were gone. That he appealed to the very Prosecutors, he had behaved himself honestly, wrought hard for his living, and was never taxed with the wronging any man of the worth of a Farthing. Which was acknowledged by the Witnesses.

Hereupon the Court left it to the Jury, whether upon these Circumstances the Prisoner was guilty or not.

Jane Baley and Mary Hipkins, were next tried for stealing linnen from Mr. Burdekin.

Mr. Burdekin swore that he lost the goods out of his house where his Family is constantly in Seacoal-Lane. That his Maid could tell how.

She deposed, That she went out of her Masters house to fetch home a Child from School, and by a hole broken in the Window laid the key there, after she had locked the door; and she supposeth the door was opened by some that took the key out of the window, for she found it open when she returned, and that it was about four or five in the evening: and her Mistris told her, the little Dog barking very much, made some that were above-stairs come down, who found the door open, but no body there; and about half an hour after they missed the things in the Indictment. That the reason of their accusing these Women was, because one of the Shirts was offered to be pawn'd by Jane Baley at Cow-cross; and she being examined, said, she bought it of Mary Hipkins; whom also they took upon suspicion, but she would confess nothing to them.

Jane Baley the Prisoner said, That the other Prisoner Hipkins sold it her at a house called the Two Brewers, for 4s. and being afterwards in want of money, would have pawn'd it. She could not produce any person that see her buy it, but she brought one Mary Burket to testifie, that Hipkins had said to her in her hearing, If she did not like her bargain, she would give her the money again upon her complaint it was too dear. And upon other discourse, [Page 11] Hipkins also was heard by her to say, That had it not been for a whiffling little Cur, she would have done her work better than she did.

All which the other Prisoner Hipkins denied, but had not the good hap to bring Evidence to disprove it, but had offered the Prosecutor a Bond for Composition. Upon which the Court left them both to the Jury.

Anne Mounsdel was the next, who was accused for stealing the Goods of Mary Brasier, and thus it was proved.

Mary Brasier testified, That the Prisoner was by her permitted to lodge in her Room for 6d. a week; and one day pretending to send her out of a false Errand, with a feigned Letter into the Strand, to a person whom she could never find, and in the mean time robb'd her of a Gown and some Linen, and had got them quite away, if the Landlady of the house in which they both lodged had not stopp'd her, and taken her.

Eleanor Hasset, the Landlady, related her part of the Story thus, That the Prisoner got her Daughter to write her a Letter, upon promise of a Reward: That the Child told her, She suspected the Prisoner was a Thief, and that she her self thought so too; and thereupon watched her, and saw her put on the Gown, after she had sent the Woman out, and was going away with the Linen in her Lap. She went after her, and fetch'd her back, though she ran from her twice, and had her before the Justice, who committed her.

The Prisoner denied the Letter, or that she sent her out on her Errand; and said, That the Woman had lent her the Gown, and the Linen she was to have mended. But against the Positive Oaths of two Witnesses, her bare word the Court thought not a sufficient Counter-proof; however they left it to the Jury.

The next was Margaret Smith, for robbing one Messenger of some Sarsnet, and Plate, and Goods, to a very great value, and Money. Messenger, the Party robbed, deposed, That she lodged in his house, and in the time of Southwark-Fair last desired him, and his Wife and Kinswoman, to go with her to the Fair, where she would make them merry, and left her Maid at home; who when they were all gone, got the Apprentice to go for a Peck of Oysters, and in the mean time stole away the other things, all but the Silk. When they came home again, she asked for her Maid; and being told she was not within, she cried out, I pray God I be not robbed; and so going to look, they found they were indeed [Page 12] robbed, and so she pretended she was too. The next morning she would have gone out, but the Kinswoman would not let her go alone, because she had some jealousie of her; and so went with her up and down where she pretended to go see for her Maid, and to see among the Brokers Shops for the Goods: At last, when she was in a House at Houndsditch, she slipt from her, and was not seen, till a Friend of hers coming to Messengers house, undertook to find her out, and met with her. She led them another dance, by pretending to go and receive money, which she would fain have been permitted to do alone; but the Kinswoman telling her, she would not leave her, she continued with them, and brought them to a Pewterers shop, where being sate down to drink, the young Woman pull'd off her shoe to ease her foot, and the Prisoner took advantage of it, and ran away; but being overtaken, was committed to Prison. And as to the Silk, she had it on now at her Trial, which was left at the time of the Robbery.

The Prisoner denied any hand in the Robbery, and said, that she run away, because being not very rich, she was afraid of a Prison, which they threatned her with. That for the Silk, she did think it had been a Piece she had sent by her Maid to be Died, but could not prove it; nay had, after she came from the Fair, acknowledged to the Kinswoman, it was none of hers, but the Maids.

The Court examined her about her Quality and Estate. She said, She had a Brother, a Gentleman in the Countrey, allowed her 20l. a year, with which, and working to the Exchange, making Mounteer Caps, she maintained her self. But the Court asking her about her acquaintance with one John Spittle, now in Newgate for Felony, she could give no good account of it, which rendred them suspicious of her. However, not finding any thing sufficient to prove her Guilty of the Robbery, except as Accessory, they so directed the Jury, and that as to the Silk, of which there was manifest proof, they should consider the value, being Dy'd Silk.

With the Charge of these Prisoners the Jury went out, and had an Officer sworn to keep them.

Then the Clerk for London Arraigned another Prisoner.

The Clerk for Middlesex Arraigned these following.

Edward Preston of Hamwel Indicted, for that he, the 6th. of Octob. 1678. did steal a Mare, colour black, of the price of 3l. from one Edward Mullet; to which he pleaded Not Guilty, and put himself upon the Countrey.

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Anne Harris Indicted, for that she, the 17th. Septemb. 1678, did steal Goods of 10s. value from John Jones. She pleaded Not Guilty, and put herself upon the Countrey.

Richard Symel and Margaret Hutton Indicted; he, for that, the 2d. of August 1678. he did steal from Elizabeth Horner Goods to the value of 10l. and she as Accessory. Both pleaded Not Guilty, and put themselves upon the Countrey.

Then the Middlesex Jury return'd, and being agreed of their Verdict, the Fore-man gave it in thus:

That Samuel Thompson was guilty of the Felony, but the Goods were but to the value of 10d.

That Mary Read was guilty, but the Goods were but of the value of 10d.

That John Leak is guilty of stealing the Cloth off the Tenters.

That Thomas Napton is not guilty of stealing the Cloth of Mackham and Anthrobus, nor did flie for it.

That Jane Bailey is not guilty, nor did flie for it.

That Mary Hipkins is guilty of the Felony, but the Goods were but of the value of 10d.

That Anne Mounsdel is guilty of the Felony whereof she was Indicted.

That Margaret Smith is guilty of stealing the piece of Silk, which was but of the value of 10d. as to the rest not guilty; whereupon the Court ordered an Indictment to be drawn up against her, as Accessory to the other Felony, of which there was strong suspicion.

The Verdict being Recorded, the Court Adjourned till 3 a Clock in the Afternoon.

Post Merid. eodem Die.

After Proclamation for attendance, the London Jury were called, and the Prisoners to their Challenges; which being none, the Jury were sworn as before: And Proclamation for Information and Prosecution being made, they were charged to enquire of these Prisoners. First,

One White, of the Towre-Ward, was Indicted for Burglary; and acquitted.

The next that was tried was James Jackson, for stealing the Tankard from Nicholas Jackson, who deposed thus;

That he did believe that to be the man who came into his house, and called for a Tankard of Ale and a Toste, which when he had [Page 14] eaten and drank up, he called for another; which while I went to draw, the Prisoner clapt down a Pewter Tankard instead of the Silver, and goes away. That he was a Victualler, at the Sign of the Cheshire-Cheese in Thames-street. That he went to sell it to a Gold-smith, who upon examination found that it was his.

Which the Gold-smith attested. But the Prisoner denied that ever he was in his house; and said, That he had bought the Tankard five years ago, of one whom he did not know by name, nor could find, in the Minories. The Owner swore it was his Tankard, and that he was in his house that day. And the Court left it as a plain case to the Jury.

The third they were charged with, was Stephen Arrowsmith for the Rape committed on Elizabeth Hopkins. To prove which, a Girl of between 9 and 10 years of Age, gave this Testimony without being Sworn.

That she saw in a Room, the Prisoner lying a top of the little Girl, but what they did she knew not, but the Girls Petticoats were up, nor did she cry out.

The Girl that was ravished, being between 8 and 9, testified that he had had to do with her for half a year together every Sunday, that she was hindred from crying the first time, by his stopping her mouth, and that he gave her money afterwards; and she never discovered it, till some of her friends observing her to go as if she were very sore, examined her, and by telling her she would be in danger of hanging in Hell, got her to confess, that the Prisoner was her fathers Prentice.

One Mrs. Cowel did testifie that upon observing her going, and other Circumstances, she did resolve to examine her, and made her confess, which she did, and being searched, was found shamefully abused, and sent to the Doctors to cure.

The like was attested by one Mrs. Sherwin, and by a Midwife, who said, she had got a very foul disease by it.

The Prisoner with a great many tears denied the Fact, and desired some Witnesses might be called. Among whom there was a maid that lived at the Doctors where the Girl was for Cure, who testified that the Girl upon Taxing her, why she did conceal it, said, she took Pleasure in it, and that upon Examination there were no Symptomes on the Prisoner, as the Doctor said, of any such disease as the Girl had, which was indeed the Pox; which was also attested by one Mrs. Rawlins: and the Prisoner protesting his [Page 15] Innocence, alledged that they offered a Composition.

All which notwithstanding, the Court with great detestation and abhorrence of so Horrid and Vile an Offence, told him the Matter was so plain against him, that he must have as great impudence to deny it, as he had wickedness to Commit it; that her consent would not save him, for the Statute provides, that a Child under 10 years of age, should not be abused with, or without her Consent. That the First Violence whereby he stop'd her Crying, made the Rape, had it been a Woman above 10; that if the Parents were so wicked, as to offer a Composition, yet that made not him innocent.

The Jury not seeming satisfied with the Evidence, the Lord Chief Justice Scroggs and others were of opinion, that the Girl that was Ravished, might give in her Testimony upon Oath; but it was forborn for the present, and left to the Jury. Who were sent together to consider of their Charge, with an Officer sworn to keep them according to Law.

In the mean time, the Clerk for Middlesex arraigned Mary Hutchins of Fulham, indicted for that she, the 3d. of Octob. 1678, did steal some Plate and Linen, from one, to which she pleaded not guilty, and putteth her self upon the Countrey.

Elisabeth Gates for stealing a Cup of 14s. Value from one Dennis King, the 14 of Novem. 1678. She pleads not guilty, and put her self upon the Countrey.

After a considerable space of time the Jury returned, and having answered to their Names as called, agreed that the Foreman should speak for them, and gave in this Verdict.

That James Jackson was guilty of stealing Nicholas Jackson's Tankard. And they offered this further.

That Stephen Arrowsmith was not guilty of the Rape: which Verdict Mr. Recorder, not conceiving it to be according to their Evidence, would not take from them without further deliberation, and labour'd to satisfie them of the Manifestness of the Proof. One of the Jury being an Apothecary, said it was his opinion, that a Child of those years could not be Ravished. Which the Court told him was to Elude the Statute, that having provided a Punishment, had done it in vain, if there were no offence, and so he did tax the Wisdom of a whole Parliament; Which ought not to be. Others of the Jury, because the Girls were not sworn, doubted of the sufficiency of their Testimony, and they had nothing but [Page 16] hearsay from the other Witnesses. But the Court told them, in regard such Offenders never call others to be by while they commit such actions, they could expect no other Testimony than from the Party injured, which they had, and with it of an eye Witness, both whom they forbore to Swear, because of the tenderness of their Age; but if they insisted upon it, they should be Sworn.

Upon this the Jury went out again, and while they were deliberating, information was given to the Court, that they had the two Children with them, which was against the Law. Whereupon the Officer appointed to keep them, was sent for, and it being sworn against him, that he had admitted them in, he was sent to Newgate, though he alledged another Officer brought them to him as from the Court, but that Officer swore the contrary, and therefore the other was detained in Custody. The Jury being sent for about this matter, when they came, said, they sent not for the Children, nor desired to have them: and the Court to give further satisfaction, swore the Children, having examined them, whether they understood the nature of an Oath, and the danger of Perjury, which they gave a Rational account of. And the Jury went away again.

That Stephen Arrowsmith was guilty of the Rape, and they were discharged till the next morning at Ten of the clock: it being late, the Court was Adjourned till Seven.

Wednesday the 12. of Dec. 1678. Nine of the Clock.

Proclamation was first made for Attendance.

Then the Clerk of Middlesex called for John Worsley, who was indicted for seducing the Kings Subjects from their Obedience, and from the Protestant Religion. But when he was brought up, the Court thought fit to defer his Arraignment and Trial till the next week.

He then Arraigned

Nathaniel Russell and John Watson, indicted, for that he the said Russell, 18. Nov. 1678. did voluntarily, and of malice forethought, with a Rapier give to William Midley a mortal wound on his Breast, of which he died, and that the said Watson was by, aiding, abetting, comforting, and maintaining. To which indictment both pleaded not Guilty, and put themselves upon the Countrey.

Then the Prisoners were called to their challenges, and the Middlesex Jury sworn; the usual Proclamation made, and the [...] charged upon them in Order.

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Mary Hutchins indicted for stealing a Silver Sivler (sic) Cup and Linen, against whom the Evidence was,

That she was a Servant in the Persons house about a week, from whom the Cup was stolen. That she being gone one morning out of the house, they missed several things. She being suspected for them, and that she was run away, Pursuit was made after her by a young man, who overtook her, and found the things about her; that he charged a Constable with her, and had all the things again.

The Prisoner could not deny her taking the Particulars, but the Owner having them again, the Value was left to the Jury.

Edward Preston, indicted for stealing a Mare from Edward Mullet.

Mullet himself deposed, that the Prisoner was his Servant, and took the Mare out of his Ground, and carried her to Tame, and there sold her for 30s. and about 3 Weeks since he was taken.

The Person that took him, deposed, that he confessed the taking of the Mare out of the Ground, and selling her.

The Prisoner said he took the Mare, to go for a Dragooner, that when he came to Tame, the Troop he thought to go in, was gone; and he being ashamed to carry the Mare back again, and in his distress for money, sold her, but the man had the Mare again. Upon which confession the Court left it to the Jury.

Elisabeth Gates was tried for stealing a Silver Cup, of 14s Value, from one Dennise King.

Who deposed, that she had confessed the Stealing to her, and that a little Girl had seen her in the house that day, but she went away, and on Thursday after was seen, and known by the Girl, Apprehended upon Suspicion, and before the Justice confessed it.

The Prisoner did not deny being at the Womans house, but now denied the taking of the Cup from thence, and that ever she confessed it. Upon which the Jury were directed to consider of the Evidence, and the Value.

Then Richard Symell Indicted for stealing the goods of Elisabeth Horner, and Margaret Husen, as accessory, after were tried.

Broccas a Constable, deposed, that he took him, and before the Justice he confessed he took the things out of a Trunk and Box, and sold them to the Prisoner Hutton, in whose house we found them.

[Page 18] Symel the Prisoner, for himself said, He indeed did take them, but he thought they had been his Wives, for they were in her Lodging, who was then newly come from Service; and he thought he might make bold with them, being hers, and sold them to the other Prisoners.

Hutton confessed she bought them of the other man, but denied that she knew them to be stoln Goods, or used to be such; that he told her they were his own, and not his Wives.

Anne Harris was the next, who was Indicted for stealing the Goods of John Jones.

Against whom Jane Harris, the Wife of John Harris, swore, that she lost Goods of a considerable value, and that the Prisoner was taken in Southwark selling part of them.

The Woman to whom she offered them to sale attested it, and that she told her she had bought them.

The Prisoner her self saith, she bought them of a man, but his name she could not tell, nor where he lived. So the Court left her to the Jury.

One Wood was Indicted for stealing a Silver Cup of 9s. value, of Robert Lambert, and was acquitted.

Thomas and John Johnson Indicted for the unlawful taking the Lead off from Stepney-Church; the Evidence was this:

Knight, a Head-borough, was with his Watch going the round, saw a Ladder standing on the side of the Church, and enquiring of the Clerk and the Sexton whether it were there by their Order, found it was not; and therefore taking away the Ladder, got up another way to the top of the Leads. But at the side of the wall, they found three parcels of Lead rolled up, and which was thrown down. When they came up, they found these two men there; being asked what they did there at that time, all they would answer, was, It was their fortune to be there. But going onward, they found some more parcels of Lead, which they acknowledged they had cut up with a knife; the whole was about 950l. weight, but none was removed away. They said the Ladder was theirs, which was afterwards found to be another mans, and not lent by him neither.

The Prisoners said, They heard a noise on top of the Church, and went up to see what was the matter; but before they could get down, the Watch had taken away the Ladder: and they denied the [Page 19] taking away of the Lead. The Court left it to the Jury upon the Evidence.

Nathaniel Russel and John Watson Indicted, for the murder of William Midgley, against whom it was thus proved:

Dorothy Midgley, Sister to the Person slain, deposed, that Watson, who was a Bailiff, came with Russell to arrest her for a debt of 3l. which she owed an Aunt of hers. And coming into the room, her Brother stood before, and was stabb'd by one of them immediately; that she thinks it was Russell stabb'd him: That he lived till Thursday, and then died; and that he gave them no ill language.

Elizabeth Symmonds, who was then in the Room, testified, That the Boy did not give them any provocation; That he had a piece of Curtain Rod, which she did not see him lift up against them.

Rebeccah Niccols, who also was by, swore, That Watson, when he came in, run him down into a Chair, and the other run him through. That Russell came in with his Sword drawn, and they were heard from without to swear, they would kill any one that opposed them. Stephens, a Chirurgeon, proved, that he died of the wound.

Russell the Prisoner, in his defence, said, That the Plaintiff in the Action calling them upstairs, told them, they must look to themselves, for there was a Young man intended to kill them. That upon their coming in, the Young man made at them with a bright thing, like a Spit or a Sword; and in his own defence, he retreating back, doth not know how the Boy was wounded.

Watson for himself said, That being ordered by the Plaintiff to Arrest Dorothy Midgley, when he came to the door, he heard the Boy say, I will run my Spit in some of your guts; but putting him aside, he Arrested his Prisoner, and heard some body cry out, I am killed; upon which he run to him, and opening his breast, there he found a great wound, and gave him some Brandy to drink, and covered him with a warm Napkin. That the Defendant Midgley came to him, and cut him over the face with a Pot, and asked him what he staid there for, he had been the death of her Mother and her Brother. That about five years ago he had arrested her Mother, and she died in Execution; but he denied any hand in this Murder.

The Plaintiff in the Action said, She did employ Watson to Arrest Dorothy Midgley, and that he went streight forward to her, her Brother being by; and that a Fellow came in and wounded the [Page 20] Boy, and run out again before he could cry out he was wounded: but who he was she knew not; but she did not see nor hear the Boy make resistance, or give any provocation. That it was onely a piece of Curtain Rod the Boy had in his hand, but neither struck stroke with it, nor run at them.

Then the Writ and Warrant to justifie the Arrest were read, whereby upon the Return it was found, that they had returned a Rescous by the Party that was killed, which the Court told Watson was a great Evidence against him. Whereupon directing the Jury, they were told, that there being no provocation, the Law implied the malice to make it murder. But how far the persons accused were guilty, was left to them to consider upon the Evidence.

Then the Jury withdrew to consider of their Charge.

The Clerk for London Arraigned these Prisoners.

William Lucas Indicted, for that he, Decem. 2. last, did steal a Tankard of 6l. value; confessed the Indictment, and himself to be guilty of that offence, and all within Clergy.

John Macarty, for stealing the same Tankard, pleaded Not Guilty, and put himself upon the Countrey.

George Cletheroe Indicted, for stealing some Linen from one John Delavier, he pleaded Not Guilty, and put himself upon the Countrey.

Ralph Leech Indicted, for that he, the 9th. of Octob. 1678. did steal from Henry Wood nine pair of Silk Stockings. He pleaded Not Guilty, and put himself upon the Countrey.

A Lieutenant and some Soldiers were Indicted for misdemeanor committed by them, in endeavouring in a riotous manner to take away a Prisoner, the 16th. of November last, out of the Custody of one Newton, a Serjeant in London. They all confess'd themselves guilty of the offence, and submitted to the Mercy of the Court.

Whereupon Mr. Lane, Comptroller of the Chamber of London, being of Counsel for the King, opened the Cause, to give the Court satisfaction in the matter: That one Sparks being Arrested by Newton, told the Officer, he ought not to be Arrested, because he was a Soldier. The Officer told him, he had some reason to doubt it, because he had not on the Kings Cloathing; but he should have the liberty to send to such of his Officers as he thought fit. Upon which he sent a Porter to the Serjeant of the Company of Granadiers, who not being met with, the Note was delivered to the Lieutenant; which when he had read, with great Passion [Page 21] and Swearing he demands to know the Officers name, and cursing himself, said, If he could meet with him, he would cut off his ears. He then gets his Company together, acquaints them with the business, leaves the main body of the Company in Cheapside, over against Woodstreet, selects a dozen out of them, and coming down Woodstreet with Muskets, and Daggers in them, and with Oathes and Arms would have stormed the Counter, demanding the Prisoner. It was with great difficulty that they persuaded him he was not in the Counter, but in a House near by. Thither he goes cursing and swearing he would pull the House down, fire the House, and make that Rogue the Officer an Example for daring to Arrest a Soldier. The Serjeant told him, Sir, I am not throughly satisfied he is a Soldier, and desired to see the Muster-Roll: But he would not vouchsafe to let him have that favour; take him away he would, and did, in triumph to the Offenders, and to the terror of all Civil Justice. The Lord Mayor and Court of Aldermen being acquainted with the matter, order Mr. Recorder and the two Sheriffs to wait on the Lord General the Duke of Monmouth, to let him know the whole business, and to desire him to deliver up the Offenders to be punished. His Grace did immediately concur to it; and having Casheer'd them from the King's Service, hath sent them hither, where, said he, we hope they will be satisfi'd now, as we are all well assured that, by the blessing of God, and the care and courage of our Magistrates, Soldiers, though they may and ought to assist, yet they shall never be permitted to be Arbiters and Comptrollers of Publick Justice.

The Lieutenant would have excused and palliated the matter; but the Council having Affidavits, and Viva voce to prove his Accusation, and it having been examined before the Lord Mayor and Court of Aldermen, they were committed to the Gaol in order to their Judgment.

Then the Jury for Middlesex returned with their Verdict, which the Foreman gave in thus:

That Mary Hutchins is guilty, but the Goods were but to the value of 10d.

That Edward Preston is guilty of stealing the Mare.

That Elizabeth Gates is not guilty.

That Richard Symel is guilty, but the Goods were but to the value of 10d. Whereupon Margaret Hutton, Indicted as Accessory, was discharged.

[Page 22]

That Anne Harris is Guilty, but the goods were but to the Value of 10d.

That Margaret Wood is not guilty of the Felony, &c. And

That Thomas and John Johnson, are guilty of the Trespass, in taking away the Lead from Stepney Church.

That Nathaniel Russel, is guilty of Murder, in killing William Midgley. And

That John Watson is not guilty of that Felony, and Murder.

An Officer of the Court, gave information upon Oath, that a Souldier leaning over the Bail Dock was spoke to come down, but refusing, was pulled by him, whereupon he laid his hand to his Sword, and swore if he had him out, he would kill him: upon which information, the Court committed him to the Goal.

The Clerk for London called the Prisoners to their Challenges, Swore the Jury, and made Proclamation for Information and Prosecution, in usual Form. The first Prisoner tried was,

Ralph Leech, Indicted for stealing the Silk Stockins to the Value of 4l. 10s. Against whom, one

Summer deposed, that he knew the Prisoner very well, and that the first of Octo. last, he saw him steal from Mr. Woods Shop 9 Pair of Silk Stockins. That he is a Workman to the Shop, as he is to other Hosiers Shops; where coming in a morning betimes, he had Opportunity to look over the Silk Stockins, and sometimes would buy. That this day looking over two Boards of Hose, he would now and then put a pair in his Breeches, till he had put in 9 Pair. Another Person being by, he desired him to go for a Constable. Then the Prisoner offering to go away, he stay'd him, and asked him how many Pair he had bought, he answered, None. But, said he, I must speak with you Mr. Leech, and having him up stairs, told him he had something more then was his own, he was in such haste to be gone, and urging him with it, he did desire him to be mercifull to him, or his Wife and Children were ruined, and pull'd out the Stockins 9 Pair in all, which when he was carried before Sir John Frederick, were produced against him, and he confessed it, saying, The Devil owed him a Shame.

The other Witness affirmed the same, and had seen something before, which he did not like, but durst not venture upon him, because he was a great man in the Trade; and would have ruin'd him.

[Page 23]

The Prisoner who was an old Man, with a very gray head, by Trade a Silk Stockin Trimmer, and of a plentifull Fortune, had nothing to say for himself, but that he took them for money they owed him, which poor excuse was not accepted by the Court, but they directed the Jury to find him Guilty, upon so plain an Evidence.

Then Richard Bradshaw was Indicted for High Treason, in clipping the Kings Coyn. To prove which, one

Brauthwayt, a Linnen Draper in Newgate Street, gave Evidence, that the Prisoner was his Apprentice, and that he heard he had given a neighbours boy, one John Jolliffe, some pieces of Silver, which being brought to me, he did acknowledge he had clipped them with a pair of Scissors, that were in Court. That he did use to trust him, with receiving, and paying Money for him, but never knew any ill of him, nor found much clipped money among his Cash. That he had taken him Apprentice without money.

Another Witness swore that he confessed it before Sir William Turner. And a Goldsmiths Boy shew'd some Ingots, which he had from that Jolliffe, who said he had them from the Prisoner, but he was not to be found.

The Prisoner now had nothing to say for himself, but that he had the Silver from that Jolliffe. Upon which he was left to the Jury.

The next was John Macarty, for stealing a Silver Tankard, out of a house behind the Exchange.

The Boy of the House testified that he, with William Lucas, who confessed the Felony, came to his Masters house, who is a Cook; and while the Boy went down for a Pot of drink they called for, they step'd strep'd (sic) into the Kitchen where the Tankard was, and taking it thence, away they went, before he came up again. That the Tankard was there before he went down to draw the drink. That they came in friendly together, and went both away. That they had the Tankard again by means of a Woman, with whom Lucas left it to keep till he came out of Prison, where he was, being taken that night by the Watch.

The Woman testified the delivery of it by Lucas, but she saw not the other Man.

The Prisoner, for himself, said he was pushed and josled by the other man Lucas, whom he had never seen before in his life, and that upon their Fighting, the other invited him to drink, and [Page 24] when the Boy was gone down to draw the drink, Lucas went into the Kitchin, and came out again, and called him out to go away with him, which he did, having no business there. The credit of which story, upon the Boys positive Testimony, was left to the Jury.

Then Hannah Downes was tried, for stealing 4l. in money, from Thomas Goddard in the Vintry. The Evidence was,

That she being a poor Girl, was by them taken up, and upon recommendation, by a Letter from a Quaker, entertained in the house where she lived about two Months, and then was bound Apprentice to the Woman: that the man leaving of his Britches, in which was the Key of the Ware-house, where the money was, she had taken it, and taken away about 4l. at several times; as she confessed that she run away to Rochester, and there was taken, and before the Justice confessed the thing.

The Prisoner said, she run away because they abused her, and beat her, and pinched her in her Victuals, but denied she stole any Money, or that she did confess it. Which was submitted to the Jury.

The next was George Hunt, for stealing Brass Buckles, and some small things. But it appeared upon the Evidence, a Prosecution out of Malice, because of an Action of slander, by the Prisoner commenced against the Prosecutor. And there being no colour for the Accusation, the Court directed the Jury to find the Prisoner not Guilty.

The last for London was George Cletheroe, Indicted for stealing the goods of John Delavier.

One Burbeck deposed, that about six of the clock in the Evening, the Prisoner came into the house, and going out, he saw him; and asked him what he did there; but received no answer. That he cried stop Thief, and upon that Outcry he ran, but was overtaken. That the Linnen which he is Indicted for, was taken out of the house, and dropt 4 or 5 houses from that house.

Another man Witnessed, that upon the cry of Stop Thief, he made towards the Prisoner, who to save himself, cry'd Stop Thief too, and when the Witness came up to him, Struck him; but he was Apprehended, notwithstanding his resistance. And one that saw the Linnen in that place, and took it up, attested it.

The Prisoner denied being in the house, and said, that he was pursuing one that came out thence: but the first man affirmed positively that he was there, and that his Wife three days after [Page 25] his Commitment came to entreat him not to prosecute him.

The Jury, after a short recess, did give in this Verdict of the Prisoners under their charge.

That Ralph Leech was guilty of the Felony he was Indicted for.

That Nicholas Bradshaw was guilty of High-Treason.

That John Mackarty was guilty of stealing the Tankard.

That Hannah Downs was guilty of the Felony to the value of 9s.

That George Hunt was not guilty of the Felony he stands Indicted for: And the Court taking notice of the malicious prosecution, gave him leave to take a Copy of the Indictment.

That George Cletheroe was guilty, but the Goods were but to the value of 10d.

Then the Court Adjourned till 3 of the Clock in the afternoon.

Post Meridiem eodem die.

Proclamation of Attendance being made, the Lord Chief Baron called for the Granadiers, who were in custody, and told Mr. Recorder, That he being, by the custom of the Court, to give Sentence upon Offenders there, the Judges did give him their advice. That the Peace of the Kingdom was so nearly concerned in this Cause, that it deserved an exemplary Punishment; and the lowest Fine they would counsel him to set, was 200l. upon the Lieutenant, 50l. upon the Serjeant, and 20l. a piece upon the Common Soldiers. Which was by Mr. Recorder Sentenced accordingly, with this Reproof.

YOu that are the Prisoners at the Bar, the Court and the Government are sensible of the great affront by you put upon the Authority of the Nation in general, and this City in particular, and what danger you might have brought your selves into: For you gave such a Provocation, at such a time, within the very heart of the City of London, that might have proved the occasion not onely of bloodshed to others, but utter ruine to your selves. The Court, I say, and the Government, and your own General being sensible of this, and satisfi'd of your Guilt, have brought you hither, [Page 26] where being under the Power of Justice, you ought to receive the Sentence of Justice for your great Offence; and because your Crime is great, such must be your Judgment. For though you are Soldiers, Gentlemen, and ought to have all due encouragement, yet you must not think, by the Authority of your Arms, to control the Authority of the Civil Magistrate. And because the Lieutenant should have known better his duty, and taught it to them under his care, his Fine must be the greatest, because his Knowledge was, or should have been so, and deserves the highest resentment. The Serjeant, who should have also known better, must receive a Punishment according to his Degree. And the Common Soldiers, though under their Command, yet being great Offenders, must receive an exemplary Punishment. And I do in the name of the Court, and the Court doth Order, That the Lieutenant pay for a Fine 200l. the Serjeant for his Fine 50l. and each Common Soldier 20l. to the King; and that they be Committed till they pay these several Fines.

Then the Clerk for Middlesex Arraigned

Thomazine Davies, alias Sparks, alias Bailey, Indicted, for that she, the 8th. of Decemb. 1678 an Indian Gown, and other things, to the value of 4l. and 18s. of money, did steal from Lewis Gastring. To which she pleaded Not guilty, and put her self upon the Countrey.

William Baker Indicted, for having two Wives, against the form of the Statute. Pleaded Guilty.

Judith Smith Indicted, for that she, the 29th. of Octob. did steal some Linen of a small value from John Smith. She pleaded Not guilty, and put her self upon the Countrey.

James Furner of White-chappel Indicted, for that he, the 12th. of Novemb. 1678. did steal a Mare, colour brown, from one [...] He pleaded Not guilty, and put himself upon the Countrey.

[Page 27]

James Smith Indicted, for that he, the last of Octob. 1678. did steal three Hogs, colour white, of the value of, every one of them 35s. from Leonard Sanders. He pleaded Not guilty, and put himself upon the Countrey.

William Brayn Indicted, for that he, the 6th. of Septemb. 1678. did steal one Gelding, colour brown, from Ambros Galloway. He pleaded Not guilty, and put himself upon the Countrey.

Matthew Momford Indicted, for that he, the 23d. of Novemb. 1678. being a Soldier in the Company of John Drew Esq. a Captain in the Service of the King, there was a certain discourse had between him and one Thomas Topping, and one James Sanders, concerning our Sovereign Lord the King, and the Religion in the Kingdom established; he the said Matthew Momford said he was a Papist: Upon which the said Topping and Sanders told him, he was not fit to be a Soldier then in the Kings Service. He repli'd, I hope to see you all burn'd, and to be at the burning of you. To this Indictment for a Contempt and Misdemeanor, he pleaded Not guilty, and put himself upon the Countrey.

Then the Prisoners were called to look to their Challenges, the Jury sworn, and Proclamation being made for Information and Prosecution, as before, they were charged to enquire, First, of

William Brayn, for stealing a Gelding from Ambros Galloway; against whom

One testifi'd his knowledge, that it was Ambros Galloways Horse; and another, that he bought it of the Prisoner. But Ambros himself, being a Quaker, would not, for Conscience-sake, as he said, swear, and so could give no testimony about his losing him. Upon which the Court directed the Jury to find the Prisoner Not guilty for want of Evidence, and committed the Quaker, as a concealer of Felony, for refusing an Oath to Witness for the King.

Thomazine Davies, for stealing an Indian Gown and other goods, to the value of 4l. and 18s. in Money, from Lewis Gastring.

Mary Gastring, the Wife of Lewis, swore, That going out to a Neighbours house, she then lost those goods, and found them with the Prisoner at the Bar; that the things were in several Boxes and Trunks, but none broken open.

Walter Turner deposed, That on Sunday 8th. Decemb. 1678. in the afternoon, walking in the Alley where his house was, he did see the Prisoner pass by him with an Apron full of things; and [Page 28] that Mrs. Gastring coming out, and complaining of her loss, he told her what he had seen, and overtaking the Prisoner, upon pursuit these things were found with her.

The Prisoner said that another woman, with whom she was drinking a pot of drink, gave them her, and desired her to carry them for her to such a place; which she was going to do with the things in her Apron, but not telling the womans name, nor producing any Witness to prove it, the Court left it to the Jury.

Then Judith Smith was tried, for stealing the Goods of John Smith. Against whom,

John Smith, deposed that he had lost the Goods, in the Indictment, that she confessed the selling of some part to the Brokers, and named many particulars, that he could not say, they were taken all at one time, but being his Servant, she had opportunity to convey them away as she pleased, and that he did not miss them, till a fortnight after the time she confessed of taking them.

The Prisoner for her self only said, that her Master charged her with more than she had. Upon which confession of part, and the things being taken at several times, and not all, the day laid in the Indictment, The Court left the Value to the Jury.

James Turner for a Mare, colour Brown. Upon whose trial, it appearing that he had been Auterfoits acquit, the Jury were discharged of him.

James Smith was next, for stealing three white Hogs from Leonard Sanders, who deposed,

That he, the last of October, i.e. Allholland Eve, lost two great Hogs, and a little one, worth 5l. that he pursued them by the Track, but at last lost his intelligence.

Another Witness swore, that he met the Prisoner Smith in the morning of that day, when he said, he was going to buy Calves, and after, met him driving three Hogs, a little one, and two great ones, which he said he drove for another, not for himself. Sanders not seeing the Hogs in Smiths possession, nor the other Witness not minding them, could tell the marks, and therefore the Court asked the Prisoner, whose Hoggs they were that he drove that day, he denied he ever had any, or saw any. Which Evidence being uncertain as to the particulars charged, the Court left to the discretion of the Jury.

Matthew Momford, for his contempt and misdemeanor, in speaking the Words.

[Page 29]

One of the Witnesses swore, that the Prisoner being at his house to drink, upon some discourse said, he had been a Papist seaven years: then said he, you are not fit to stand Sentinel where the King passeth, for you may kill him as he goes by you. Then in a fume he replied, I hope to see you burned, and be at the Burning of you.

The other said, that Momford said he was a Staffordshire man: then said the other, you must be a Papist, for all the Momfords in Staffordshire are Papists, he replied so was he. Then you are not fit to be a Souldier; he in a passion cri'd out, he hoped to see us all burnt, and be at the burning of us. They both said he was in drink, with which the Prisoner would have excused the matter, but the Court told him it was no excuse, but an aggravation. And left him to the Jury.

The last was John Spittle, for stealing the goods of Humphrey Wych. Against whom

Wych gave Evidence that he lost such goods as are charged in the Indictment, and found them in the Custody of the Prisoner, and that the value was 7s. And one Bayley deposed, that being a neighbour of Mr. Wych, and sitting in his Shop, he saw two Women and a Man, standing at Wych his door, first one woman went in, then both, and went away, and the man went in, and coming out with something under his Coat, he went and follow'd him, telling him what he had was not his own, and called to the man of the house, who coming out owned the things.

The Prisoner said he found them at the door, but the Constable upon his Oath testifi'd that he confessed at his taking, that the had them out of the Drawer. The Court left it to the Jury, who after a little recess being agreed of their Verdict concerning these Prisoners, brought it in thus.

That Thomazine Davies, is guilty to the value of 10d.

That Judith Smith, is guilty to the value of 10d.

That Willaim Brayne, is not guilty.

That James Smith, is not guilty.

That Matthew Momford, is guilty.

That John Spittle, is guilty to the value of 8s.

The Petit Juries for London and Middlesex were discharged.

Then the Court proceeded to Judgment upon the Prisoners, according their Convictions.

Those to whom the benefit of Clergy, as Men, and the punishment of Branding, as Women, was allowed, were.

[Page 30]

• Joseph Brown,
• Wiliam Shakesby,
• John Baltee,
• Thomas Jackson,
• William Lucas,
• John Macarty,
• Hannah Kinman, &
• Hannah Downes,

In all 8. in London.

In Middlesex.

William Baker, and Anne Mounsdell.

Ralph Leech for respect to his age, the Court took time to consider after a very severe check, and having craved the benefit of his Clergy.

John Spittle, who desired transportation, was set aside for it.

John Paine, who had confessed himself guilty of Felony upon his Arraignment, for marrying a second Wife, the first being alive, did desire the benefit of his Majesties late Gracious Act of Pardon. Which the Court upon perusal of the Act thought fit to grant him, but told him that he ought to make a recompence to the parties injured, which were both his Wives, for Pœna potest dirimi, culpa perennis erit.

The Persons ti'd up by the Executioner for judgment of Death were these Six.

Susan Banster, for stealing goods of 13l. value, and who had been sentenced to be transported before.

Stephen Arrowsmith, for a Rape committed upon Elisabeth Hopkins, an Infant of ef (sic) 8 years of Age.

Nicholas Bradshaw, for high Treason, in clipping the Coyn of this Kingdom.

John Leak, for stealing Cloth off the Tenters, contrary to the Statute in that case provided.

Edward Preston, for stealing of a Mare. Which by Statute also is deprived of benefit of Clergy. And,

Nathaniel Russell, for the Murder of William Midgley.

These Persons being severally called to the Bar, and told of their Convictions, were demanded of, what they could say to arrest the judgment of Death: they could alledge nothing, and therefore

Proclamation being made for Silence, while judgment was in giving, the Recorder spoke to them thus.

[Page 31]

YOu that are the Prisoners at the Bar have been severally Indicted of several Offences, and upon your Trials, you have had the benefit of the best of Laws, because you have had the liberty of making your defence to the several Accusations whereof you have been accused. You have been fully heard, and by Persons of known integrity, who have been Triers of the Fact, and Countrey-men of your own, sworn to do you Right; you have been Convicted of the several Offences wherewith you stand Charged, and nothing remains, save onely for the Court to do that Duty which the Law requires of them, to give Judgment upon those Verdicts by which you stand Convicted.

This is a Duty incumbent on the Court, though a sad one; and I must confess, I cannot but be much troubled to see Youth arrived to that heighth of Debauchery, notwithstanding the frequent Examples that are found in this Place. So that I must say, and I tremble to think I am obliged to say, That the frequent Examples of this Place seem rather to be Examples to some to outdo the Villanies that are punished here, than to deter them from the commission of them.

When I see some among you there, that now seem mighty full of grief, and sense of the deplorable condition you have brought your selves into; who have had Mercy shewn them here, and yet continue to offend so gracious a King; when nothing will work upon you, but you will persist in so vile an habit of wickedness; it seems to me, that absolutely necessary Judgment be speedily executed upon you, there being so small hopes of Reformation. I speak this to let the World know, Mercy is not to be shewn to such, as after forgivness sin yet worse.

[Page 32]

And in as much as you have received fair and full Trials, upon which you have been Convicted, you have by your own vile carriages forfeited that Life, which you might else have happily enjoyed; and shorten'd that, which by your own industry you might have preserv'd and lengthen'd, to the comfort of your selves and Friends, and the good of your Generation. And now it remains onely for you to take care of that little, very little time that is left you, to improve it to the utmost, for the advantage of your immortal Souls. For having by your great wickedness and publick affronts to the Justice of the Nation forfeited your lives, it will be needful for you to employ the minute of breathing time to prepare for Eternity. For though the Law do inflict the punishment of death on you here, you have God in Heaven, and a blessed Saviour and Redeemer, to whom, upon Confession and Repentance, you may with hopes apply your selves for mercy in the World to come.

And it will be the duty of every good Christian, not onely to take care, that being warned by your Examples, they avoid the mischiefs you have run into, but also to joyn their Prayers, and all the assistance they can contribute, to the saving of your Souls, who by your Crimes have thus destroyed your Bodies.

Some of your Offences are of a more vile, more black, and more dangerous nature than others; one of you stands Convicted of that most horrid Crime, Murder, blood which cries out to Almighty God for vengeance; Murder, I cannot but say, without any provocation; which is not onely an offence against the Law of God, but even against Nature, for one man to destroy another without a provocation. If there were no such thing as a God in Heaven, or Justice upon Earth, Nature it self teacheth a man not to be barbarous to his own likeness. [Page 33] Therefore it will become thee to use all the tears thou canst shed, to wash away the blood thou hast spilt, and that will not be enough to take off thy guilt; for nothing but the precious blood of our dear and blessed Lord and Saviour, the Lord Jesus Christ, can save a man that is guilty of so great and horrible a wickedness as shedding innocent blood.

And for the rest, their offences have been such, as by the Law are to be punished with death. It will become you to betake your selves to Repentance; and I expect it from him whose proper business it is, that he give you all the assistance he can to promote so good a work, by helping you to spend your little time well, in order to a happy Eternity. This I have spoken in charity to your Souls. I do therefore in the name of the Court pronounce this Judgment upon you all, save onely the Youth that is convicted for clipping the Kings Coin, That you shall go from hence to the place from whence you came, and from thence to the place of Execution, where you shall severally be hanged by your necks till you be dead; and Jehovah the Lord of Heaven and Earth have mercy upon your Souls.

Then he applied himself to the Young Man for Treason, thus:

YOu the Prisoner at the Bar, have likewise been Arraigned and Tried for an Offence, that by the Law is made High Treason, the Clipping of the Kings Coin. I am sorry, heartily sorry, and very much lament to see a Youth, in whom there seems to be so much modesty, far from persuading any one to believe, that any manner of Villany should lurk underneath so promising and so good a Face, come under the guilt of [Page 34] so great an Offence. But the truth of it is, the Apprentices of London have got such a Trade of abusing their Masters by Clipping, and such tricks, which they are encouraged to by a pack of Goldsmiths Men, who are fit for their purpose, that if some of them be not made Examples, it will be the ruine of many. It is a disease that will run through the whole Flock. And I am sorry to see you the first sad lamentable instance of that Justice, which must pass against Offenders of that kind, whose modesty should have prevail'd upon you, not onely to look like a vertuous Boy, but so to have acted.

But in as much as thou hast offended the Law, it will become thee also, if thou hast offended thy Master or any body else, to make them what reparation thou canst, by making confession of the offence, and discovering the Parties that were concerned with thee, whoever they are. For there can be no better means for Salvation in the next World, nor hopes of Mercy in this World, than by confessing thy Crimes, and telling the Accomplices, and 'tis my advice, Tell all thou knowest. But I must declare the Judgment of the Law, which is this, and the Court doth award it,

That you are to go from hence to the place from whence you came, and from thence be drawn on a Hurdle to the place of Execution, where you shall be hanged by the neck till you be dead, and the Lord have mercy upon your Soul.

Then Susan Banster being asked what she could say in delay of Execution, she desired to be Transported.

Then the Prisoners Convict for Petty Larceny, who were these, George Cletheroe, Samuel Thompson, Mary Read, Mary Hipkins, Margaret Smith, Mary Hutchins, Richard Symell, Thomazine Davies, Judith Smith, and Anne Harris, in all, Ten: whose Sentence was delivered thus:

[Page 35]

YOu the Prisoners at the Bar, I have observed in the time that I have attended here, that your Pick-pockets, Shop-lifters, and you other Artists, which I am not so well acquainted with, which fill up this place, throng it most with Women, and generally such as she there, Mary Hipkins, with whom no admonitions will prevail. They are such, whose happiness is placed in being thought able to teach others to be cunning in their wickedness, and their Pride is to be thought more slie than the rest: A parcel of Sluts, who make it their continual study to know how far they may steal, and yet save their necks from the Halter, and are as perfect in that, as if they had never been doing any thing else. But take notice of it, you that will take no warning, I pass my word for it, if e'er I catch you here again, I will take care you shall not easily escape.

And the rest of those Women, that have the impudence to smoke Tobacco, and gussle in Ale-houses; pretend to buy Hoods and Scarfs, onely to have an opportunity to steal them, turning Thieves to maintain your luxury and pride: So far shall you be from any hope of mercy, if we meet with you here for the future, that you shall be sure to have the very rigour of the Law inflicted on you. And I charge him that puts the Sentence in Execution, to do it effectually, and particularly to take care of Mrs. Hipkins, scourge her soundly; and the other Woman that us'd to steal Gold Rings in a Countrey Dress; and since they may have a mind to it this cold weather, let them be well heated.

Your Sentence is this, That you be carried from hence to the place from whence you came, and from thence be dragg'd ti'd to a Carts-tail through the streets, your [Page 36] Bodies being stript from the Girdle upwards, and be Whipt till your Bodies bleed.

John Leak, who was found guilty of stealing Cloth off the Tenters, and received Sentence of death for it, according to the Act in that case, which also gives the Court power to Transport the Party, if they see fit, was by the Court Reprieved in order to Transportation, being an able Sea-man, and one that had done the King good service at Sea.

The Prisoners Fined for Trespass and Misdemeanor, were Matthew Momford, Thomas Johnson, and John Johnson.

To Matthew Momford, who was the Soldier that had spoken such bad words, Mr. Recorder gave this Admonition:

YOu the Prisoner at the Bar, see now the great Inconvenience that comes upon the debauchery of some People; you that seem to have no Religion in the World but when you are drunk. But you must not think, drunk or sober, to revile the Protestant Religion, and go unpunished for it. Let the times be thought never so dangerous, yet I hope it will be always seen, that the Magistrates of this City and Kingdom dare tell all Mankind, They do and will own the Protestant Religion, and dare curb the proudest He, who shall presume to transgress our Laws, or offer to reproach our Religion. And all the Priests and Jesuits they have shall never blow up any man to that heighth of Impudence, as to dare do any thing in contempt of the Government, or affront to our Religion, but we will be sure to take down his pride, and make him know that he shall be subject to Justice. And so shall you find, who when you were drunk, could brag you were a Papist, and hoped to see Protestants burnt. You are an excellent man no doubt at a Faggot. Your contempt is very [Page 37] great, and the Court is very sensible of it; and that all the World may take notice how sensible they are, and of their resolution, that such Offendors shall not go unpunished; and that you may see, it shall not be a sufficient excuse to say, You were drunk when you did it, and pretend to repent of it now you are sober, and to turn Protestant again, We do think fit to lay a Fine of 100l. upon you, and commit you in Execution till such time as you pay it; and upon your Enlargement, you are to find Sureties for the Good Behaviour for seven years.

To Thomas and John Johnson, who stole the Lead off the top of Stepney-Church, he spoke thus:

YOu are Brethren in iniquity, Simeon and Levi. I find you are not Church-men the right way. But you are mightily beholding to the Constable, so much, that I think you ought to own it to him as long as you live; for if he had given you but half an hours time longer, you had been in a fair way to have been hanged. Your zeal for Religion is so great, as to carry you to the top of the Church. It is but a Trespass, it is true, but I assure you one of the rankest that ever I heard of, it is Cozen-German to Felony. If that be your way of going to Church, it is fit you should be taken notice of. Are you not ashamed to have offered at the commission of such an offence, in a Place whereto, if you were men that had any regard to a future state, you would pay a great reverence, because good men meet there to pray against such offences, not to commit them, as you did. The offence being so great, and the Trespass so rank, the Punishment must bear some pro [Page 38] portion to it, which is this, The Court doth set a Fine upon you of 20l. apiece, and commit you till you pay it to the Common Gaol of Newgate; and you are to find Sureties for the Good Behaviour before you be discharged.

The Calling over the Gaol was left till the end of the Sessions.

Then the Court was adjourned till Tuesday morning next, being Decemb. 17. at seven of the clock.

FINIS.

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

HAving been call'd to a place of Judicature in difficult times, and after my most sincere Resolutions and uttermost Endeavours of discharging the Duty of that place with a good Conscience, having yet had the hard Fortune to fall under the greatest Infamy and Reproach that is possible for any man to lie under, of Perjury and Breach of Trust, in giving a Judgment in Sir Edward Hales [Page 4] his Case contrary to Law, and contrary to my Knowledg and Opinion (for that only can make it Criminal;) and which, they say, tends to the Subversion of all our Laws; contrary to the Oath that every Judge takes, and to that high Trust repos'd in him to judge, to the best of his understanding, according to Law: Although I cannot hope to wipe off that universal ill Impression that the Malice of some People who understand the nature of this Case very well, has made upon most men who do not understand it; yet in order to clear my self to all just and dis-interested Persons who are only my Enemies by mistake, I think my self obliged to give some short Account of that Judgment, and the Grounds upon which it was given; and this I will do, not by making an elaborate and legal Argument, to make out by Reasons of my own, that the Judgment then given is consonant to Law, which whether it be or no, is like to be considered in Parliament, and to whose determination I shall as intirely and as chearfully submit as any other Person in the Nation: But I shall set down, not all the variety of Cases that we meet with in our Books touching the Kings Power of Dispensing with Acts of Parliament, for that would swell this Paper to an unreasonable length, and discourage many from reading any part of it; but only some few of the chiefest and plainest Authorities in Law, [Page 5] upon which the Resolution in the Case of Sir Edw. Hales was grounded. I shall not only cite the Books and Pages where those Cases are to be found, but transcribe the very Words, that every body may be convinced, that if we were in a Mistake, it was no Wilful Mistake, but that we had the Authority of former Judgments given by great Men that went before us (and for which they were never question'd) to lead us into it.

The Case (for I must state it upon my Memory, not having any Copy of the Record by me) was shortly this.

An Action Popular was brought against Sir Edw. Hales, upon the Statute 25. Car. 2.c.2. for the Penalty of 500l. wherein the Plaintiff declares, That whereas it was provided by the Statute, &c. setting forth the Statute: Notwithstanding which, the Defendant having a Commission to serve the King as a Colonel of Foot, and not having received the Sacrament, nor taken the Oaths and Tests, &c. within the times prescribed by the Act, and after the times expired wherein he ought to have received the Sacrament and taken the Oaths and Tests as aforesaid; he did execute the said Office, and continued to act by colour of the said Commission, of which he was Indicted and Convicted at the Assizes in Kent, &c. whereby the Action accrues to the Plaintiff for the Penalty of 500l. The De [Page 6] fendant pleads that before the times expired, &c. he had a Dispensation under the Broad Seal to act Non obstante that Statute.

To which the Plaintiff demurres.

And Judgment was given for the Defendant that his Plea was good.

And first it will be necessary to shew what the Nature of this Dispensing Power is, which is warranted by our Judgment; and that will best appear by the Definition of it which is given in the 11. Report of my Lord Coke, p. 88 in the Case of Monopolies. ‘Dispensatio mali prohibiti est de jure Domino Regi concessa propter inpossibilitatem prævidendi de omnibus particularibus; & dispensatio est mali prohibiti provida relaxatio, utilitate ceu necessitate pensatâ.’ "For true it is (says the Book) that inasmuch as an Act of Parliament, which generally prohibits any thing upon a Penalty that is Popular, or only given to the King, may be inconvenient to divers particular Persons, in respect of person, time, or place; for this purpose the Law gives a power to the King to Dispense with particular Persons." And in the Seventh Report, pag. 63. in the Case of Penal Statutes, which was the opinion of all the Judges of England, 2. Jacobi, It is resolved, That the King may Dispense with any particular Person, that he shall not incur the Penalty of the Statute, tho it be an Act made Pro bono pub [Page 7] lico, and that this is a Trust and Confidence inseparably annex'd to the Royal Person of the King. I cite these two first Cases chiefly to shew that a Dispensation in its nature is particular, and given to particular Persons by Name; which is all the Power that is attributed to the King by our Judgment. And this I mention because of an unreasonable mistake of most People that talk of the Dispensing Power, as tho the Kings Declaration of Liberty of Conscience, whereby all the Laws that concern Religion are at once totally suspended and laid asleep, were warranted by it: Let that Declaration stand or fall upon its own bottom, I am sure the Case I am now speaking of has nothing to do with it. And having by these Cases cleared the nature of all Dispensations, which are always granted to particular Persons (as Sir Edw. Hales his was in our Case, who was the first, and I think the only Person who then had such a Dispensation,) I shall now cite some of the chief Authorities upon which our Judgment was given in that Case; and the first and great Case that I cite, wherein the Kings Dispensing Power is described and limited, is in the Year-Book of Hen. 7. fol. 11. & H. 7.f.12. in these words, ‘"There is a diversity’ (says the Book) ‘between malum prohibitum and malum in se , as a Statute forbids any man to Coin Mony, and if he does, he shall be hanged; this is malum pro [Page 8] hibitum , for before the Statute, Coining Mony was Lawful; but now it is not so, and therefore the King can Dispense with it. So if a Man Ship Wooll in any place but Calice, it is malum prohibitum , because it is prohibited by Act of Parliament, and the King can Dispense with it, and so in like cases: but that which is malum in se , the King nor no other person can dispense with, as if the King would give a Man power to kill another, or License one to make a Nusance in a High-way, this were void; and yet the King can pardon these things when they are done.’ These are the very words of that Book: and my Lord Vaughan discoursing of, and explaining this Case of Thomas and Sorrell in his Reports, p. 333. First, shews how a Dispensation differs from a Pardon. For a Dispensation does jus dare , and makes the thing prohibited (to all others) lawful to be done by him that has it: And therefore the King cannot dispense with mala in se because they never were, and can never be made lawful; but even these, says the Yearbook, may be pardoned after they are done.

From these Cases, results this plain Syllogism. Whatever is not prohibited by the Law of God, but was lawful before any Act of Parliament made to forbid it, the King, by his Dispensation granted to a particular person, may make lawful [Page 9] again; to that person who has such Dispensation, though it continues unlawful to every body else.

But to execute any Office without taking the Oaths and the Tests antecedent to any Acts of Parliament made to forbid it, was lawful.

Therefore the Dispensation granted to Sir Edward Hales did make it lawful for him to do so, though it continued unlawful for any body else.

In this Argument the premises are none of our own, we have them out of our Law-books; and the Authority of those books have never yet been questioned. I appeal then to any indifferent person, whether it can be Criminal in Judges, to draw a necessary Conclusion from Premises and Book-Cases that have been taken for Law for so many Ages together.

The next great Case is the Resolution of all the Judges of England, in the 2. of Henr. 7. in the Exchequer Chamber, upon the Kings Power of Dispensing with the Statute of 23 Henr. 6. cap. 8. That no Man should be Sheriff for above one Year. The recital in the preamble, and the whole purview, if compared with our Statute of 25 Car. 2. cap. 2. equals it in every particular, and in some goes beyond it: for the mischiefs recited in this latter Statute are only in these words, ‘for preventing dangers which may happen from Popish Recusants, and quieting the minds of his Majesties good Subjects’. [Page 10] The Cause of making the Statute of 23 Hen. 6. is for preventing the Importable damage of the King and his People, Perjury, Manslaughter and great Oppression. The Purview Enacts,

1. That no Man shall be Sheriff for above a Year.

2. That all Letters Patents made for Years or Lives, shall be void.

3. That no Non obstante shall make them good, (which shews that the Parliament thought the King could otherwise have dispens'd with this Act by a Non obstante.)

4. Whoever acts by colour of such Letters Patents, shall forfeit 200l.

5. He shall be utterly disabled to bear the Office of Sheriff in any County of England.

6. That every Pardon for such offence shall be void.

Notwithstanding all this, it was adjudged in that Case before-cited by all the Judges of England (who were at that time as learned as ever sate upon the Bench,) I say it was adjudged by all the Judges in the Exchequer-Chamber, that the Kings Dispensation with that Statute was good.

Having then this Case before us, if we should have judged the Dispensation not good in Sir Edwards Hales's Case, it must have been upon one of these two grounds: that is, either,

[Page 11]

1. In the first place, we must have found some difference between the Kings power in that Case, and in this, which I confess, after the nicest inquiry, does not appear to me, and I wish any man would shew me any such difference if he can: or else,

2. We must have adjudged that Solemn Resolution given in the Exchequer-Chamber by all the Judges of England so long ago, and which has been taken for good Law for ever since, we must adjudge no Law: whereas the known Rule is, that after any point of Law has been solemnly setled in the Exchequer Chamber by all the Judges, we never suffer it to be disputed or drawn in question again.

But our Enemies seeing the force of this Argument have had the Confidence to say, that that point is not resolved in that Case, they might with as much modesty affirm, Thou shalt not bear false witness against thy Neighbour, to be none of the Ten Commandments; we can only reply in this case as in that, that if we have eyes to read, and common sense to judge, it is there resolved. Indeed there is another point about the Sheriffs passing his Accounts, which the Judges were divided in: but in the point of the Dispensation they all agreed, or else that other point could never have come in question.

[Page 12]

But to put this beyond all Controversie, we have two things to offer.

1. First, That it has been cited as adjudg'd in several books of great Authority.

2. Secondly, It has been the constant practice to have such Dispensations in all Kings Reigns ever since that Resolution.

As to the first, Though I might cite many books, yet I will only cite three or four of the clearest and greatest Authorities: and the first shall be Fitzherbert, in his Abridgement of this very Case, Tit. Grant. 33. who lived near this time, and could not easily be mistaken in the sense of the Year-book; The Patent, says he, was adjugded good by all the Justices; but the Statute says expresly it shall be void, therefore it is only made good by the Kings Dispensing.

2. Next to him shall be Plowden, who, as all Lawyers will confess is as little like to be mistaken in the sense of the Year-books as any Reporter we have; and he in his Commentaries, p. 502. in the Case between Greendon and the Bishop of Lincoln; after citing the Case both out of the Year-book, and out of Fitzherbert's Abridgment, has these words where the Statute was, ‘That the Kings Grant to any Man to be Sheriff of any County for longer time than a Year shall be void, notwithstanding any Clause of Non obstante to be put in [Page 13] to the Patent, , there it is held, that the Kings Grant to the Earl of Northumberland, to be Sheriff during life must have a Clause of Non obstante, because of the precise words of the Statute before mentioned; and with such a Clause of Non obstante, the Patent to the Earl was good’.

3. Next is my Lord Coke, who asserts the Kings Prerogative touching this matter in much higher terms than we would presume to do, in giving judgment in Sir Edward Hales his Case, for in his Twelfth Report, pag. 18. he has these words. ‘No Act can bind the King from any Prerogative which is sole and inseparable to his person, but that he may dispense with it by a Non obstante, as a Sovereign Power to command any of his Subjects to serve him for the publick weal; and this solely and inseparably is annext to his Person: and this Royal power cannot be restrained by any Act of Parliament, neither in Thesi nor in Hypothesi, but that the King by his Royal Prerogative may dispense with it: For upon the Commandment of the King, and Obedience of the Subject does his Government consist: as it is provided by the Statute of 23 Hen. 6. cap. 8. That all Patents made or to be made of any Office of a Sheriff, &c. for term of Years for life in Fee-simple or intail, are void and of none effect, any Clause or Paroll de non obstante, put or to be put into such Patents to be made notwithstanding: And further whosoever shall take [Page 14] upon him or them, to accept or occupy such Office of Sheriff, by Vertue of such Grants or Patents shall stand perpetually disabled to be, or bear the Office of Sheriff within any County of England; by the same Authority, and notwithstanding that by this Act, First, The Patent is first made void. Secondly, The King is restrained to grant Non obstante. Thirdly, the Grantee disabled to take the Office, yet the King by his Royal Sovereign Power of Commanding, may Command any man by his Patent (for such causes as, he in his wisdom doth think meet and profitable for himself and the Common-Wealth, of which he himself is solely Judge) to serve him and the weal publick as Sheriff of such a County for years, or for life, &c. And so it was resolved by all the Justices of Englandin the Exchequer Chamber, 2 H. 7. And after some other cases to this point of the Kings Prerogative, he has this farther (says he) see 4 Hen. 4. cap. 31. In which it is Ordained that no Welshman be Justice, Chamberlain, Treasurer, Sheriff, Steward, Constable of a Castle, Escheator, Coroner or chief Forester, nor other Officer whatsoever, nor Keeper of Records, &c. in any part of Wales, notwithstanding any Patent made to the contrary, with Clause of Non obstante licet sit Wallicus natus: and yet without question the King may grant with a Non obstante.’ Thus far that Book, and I have transcribed the Book at large, that every body may see that the Kings Power of Dis [Page 15] pensing with such Acts of Parliament as restrain his granting Offices, stands upon a peculiar reason besides the general one; upon which his power of Dispensing with other Penal Laws is founded. And that if this be a pernicious Opinion, we are not to suffer as the first Authors of it. But lest it should be Objected, that this is my Lord Cokes single Opinion; or that the twelfth Report is not of so great Authority as the rest of his Reports are: The same is Resolved by all the Judges of England, (if my Lord Coke be a faithful Reporter) in Calvin's Case in the seventh Report, p. 14. in these words: ‘Every Subject is by his Natural Allegiance bound to serve and obey his Sovereign, &c. It is Enacted by the Parliament of 23 H. 6. That no Man should serve the King as Sheriff of any County above one Year, and that notwithstanding any Clause of Non obstante to the contrary; that is to say, Notwithstanding that the King should expresly Dispense with the said Act; howbeit it is agreed 2 H. 7. that against the Express Purview of that Act, the King may by a special Non obstante Dispense with that Act, For that the Act could not bar the King of the service of his Subjects, which the Law of Nature did give unto him’. This is Reported (unless my Lord Coke had a mind to deceive the succeeding Judges, and draw them in, to give pernicious Opinions) as the sense of all th Judges of England in King James his time, in the Exchequer Chamber.

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And now I would ask, these Cases thus solemnly resolved, are they Law? Or are they not? If it shall be said that they are not Law? What Foundation have the Judges to stand upon? Or what certain Measures can they take in giving Judgment, either between the King and his Subjects, or between Party and Party: If so many solemn Resolutions by all the Judges of England in the Exchequer Chamber, are not to be relied upon? If they are Law; then I appeal to all mankind whether our Case does not come up in every tittle to the reason of those Resolutions: Whether the Act. of 25. Car. 2. do not bar the King of the service of some of his Subjects; and whether therefore for great Reasons, and in particular Cases he may not dispense with it.

But besides the Authority of this Case, we have the constant practice, that this Statute of Sheriffs has been constantly dispensed with ever since it was made; and if those Dispensations weer (sic) not good, then all persons Convicted upon Indictments found by Grand Juries, returned by such Sheriffs, are illegally Attained; then all Pannels of Juries returned, and other Process executed in Civil Causes, by such Sheriffs, was altogether erroneous, and it is strange that no body in so long a time should hit that blot.

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Obj. The only Objection, that I hear, is made to this, by eminent men of our Profession, (who freely acknowledge the Authority of these Cases, and the Resolution in them, that no Act of Parliament can debar the King of the service of his Subjects, which the Law of Nature gives him, to be good Law;) is this, that say they, It is not the Act of Parliament that debars the King of the service of his Subjects in this Case, but it is the default of those Subjects, who will not qualifie themselves for his service, by doing those things that the Statute requires. But for a full and plain Answer to this, I say,

1. First, We are not now considering these Grants of Offices, as they are beneficial to the Subjects, on whom they are conferred, but as the King has an interest in the service of those Subjects; and it is a known Rule in Law, that among common persons, no man shall suffer by the default of another; much less shall the King be prejudic'd by the default of any of his people.

2. But Secondly, Pray where is the difference between an Act of Parliaments barring the King directly of the service of his Subject, and doing of it by necessary and inevitable Consequence? As, if an Act of Parliament were made that no Man that is Lame or Deaf should serve [Page 18] the King in any Office, though they were otherwise well qualified for it; the King were as effectually debarred of the service of such Subjects, as though they had been expressed by Name. I know it will be said, that these are Natural defects which the Subjects cannot help, but the others are Wilful Impediments, that may be removed, if they please.

But to prove that this is not so: I ask, Whether when the Act requires Declarations and Subscriptions to be made, it should be done contrary to a Mans Opinion, or according to it? Certainly no Man will say, contrary to a Mans Opinion, for that would be high Dissimulation, and more elude the ends of the Act, than not doing it at all. If then it must be done according to a Mans opinion, it is no more in any Mans power to change his Opinion, than to cure himself of Deafness or Lameness. Every Man believes, not because he will, but because he must believe. Error is a Disease of the Mind, as much as those beforementioned are of the Body. It is true, a Man may seek for Instruction, and use all means to be better informed; and so may a Man, in the other Case, try all proper Remedies to Cure his Distempers; but proper Remedies do not always effect the Cure, and often when they do, there is much time taken up in [Page 19] the Operation: and the King, who is in no default at all, loses the service of his Subject in the mean time: And if this Prerogative be, as my Lord Coke says, ‘ Proprium quarto modo ’, and that it belongs to our Kings, as he says ‘ Omni, soli & semper ’: The King can be no more debarred of the service of his Subject for a month, or a year, than he can be debarred of it for ever; especially since in that month, or year, may happen such occasions, which afterwards during the joint Lives, of the King that is to command, and of the Subject to be commanded, may probably never happen again.

Many other Cases of Acts of Parliament might be cited, as 8. R. 2.2. That no Man should go Judge of Assize into his own Country. And 10. E. 3. 3. That whoever has a Pardon of Felony, shall find Sureties of the Good Behaviour, or his Pardon shall be void; which Statutes have been constantly Dispensed with ever since they were made: but I resolve not to heap up all the Cases of Dispensations, but to confine my self to those that were, as they are before cited, the principal ground of our giving Judgment in Sir E. Hales his Case. Only after I have answered some Objections, I have two Authorities more to offer, which I take to be of greatest weight in this Case, and that is two Concessions of the Com [Page 20] mons of England in Parliament, acknowledging this power of Dispensing to be in the King.

But first, To answer an Objection or two that I hear is made:

1. Obj. This Act was made pro bono publico, and in the Case before-cited, of 11. H. 7. The King cannot Dispense with a common Nusance; and this Case Dispensed with, would be as bad as Dispensing with a common Nusance.

Answ. Tho this will receive an easie Answer, yet I shall avoid giving it in words or reasons of my own (as I do all along, because I know they would be suspected and misconstrued) but in the words of my Lord Vaughan; whom I cite the oftener, because every body remembers him, and it is very well known, he was never guilty of straining the King's Prerogative too high. In Thomas and Sorrel's Case: The chief Reason why the King can't dispense with a publick Nusance, is said by him to be, because every particular person that has received damage by it, may have his Action, which the King cannot bar. ‘Nor see I any reason’, says he, page 335. ‘Why the King may not Dispense with those Nusances by which no Man has right to a particular Action, as well as he may with any other offence against a Penal Law, by which no third person has cause of Action: from whence it follows, that if an Act of Parliament call [Page 21] an Offence a Nusance, from whence no particular damage can arise to a particular person to have his Action, the King may Dispense with such a nominal Nusance’.

Now to apply this to our Case, for exercising an Office without taking the Test, no particular person can have an Action, because no particular person can have any Damage by it, (for an Action, as an Informer, is not meant, that being the Case of all popular Statutes) and therefore the King may Dispense with it, before the Action brought: and in page 341. he explains this very well. ‘No Offence’, says he, ‘against a Penal Law could be Dispensed with, if the reason of not Dispensing, were because the Offence, is contra bonum Publicum, for all Offences against Penal Laws are such, p.342. though such Laws are pro bono publico, they are not Laws pro bono singulorum Populi (which are the Laws which the King cannot Dispense with, as will appear at large in the Concession of the Commons, 3 Caroli, which I will cite by and by) but pro bono Populi complicati, as the King in his Discretion shall think fit to order them for the good of the whole. In this Notion the Estate of every Pater-familias may be said to be pro bono communi of his Family, which yet is but at his discretion, and management of it; and they have no Interest in it, but have Benefit by it.’

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Obj. 2. But it is again Objected, that in Statutes that are pro bono Publico, in a less degree, the King may Dispense. But this Statute was so highly necessary for the Publick, that it could not be Dispensed with.

Answ. To which my Lord Vaughan Answers in the Case before-cited. p. 344.

• 1. ‘All Penal Laws, when made, and in force, are equally necessary, and in things necessary, there is no gradation of more or less necessary’.
• 2. ‘If any Penal Laws were possibly less Dispensible than others, those capitally Penal were less Dispensible than those less Penal. But it is not so: for Coining Money of right Alloy in imitation of the Kings Coin, is capitally Penal without licence, but it may be licensed, &c. It is capital to multiply Gold or Silver, by the Statute 5 Hen. 4. c. 4. but may be licensed, as was done to John Faceby, tempore H. 6.’ The Dispensation with a Non obstante to that Statute may be seen, Coke, Placita Coronæ fol. 74. cap. 20.

Obj. 3. But if the King have a Power to dispense with one, he may dispense with twenty, with an hundred, and so the Statute may become of little force.

Answ. From the Abuse of a thing to draw an Argument against the thing it self, is no Consequence at all; it is, as is resolved in the Cases above cited, a high Trust reposed in the King, and if [Page 23] the King violate his Trust, there is never a one of his Prerogatives but may be abused, to the ruin of his People. To instance in one or two.

1. Every body will grant, that the King can pardon Murther and Robbery, yet if he should pardon every Murther and every Robbery that is committed, it were better to live with the Cannibals in America, than in our Native Country; and the Human Laws that are made to punish those Crimes, would be rendered of as small force and effect, as it is objected the Law in our Case would be by frequent Dispensations.

2. There is no doubt, but the King may create any Man a Peer of England, and thereby give him a Vote in Parliament; yet if the King should abuse this Power so far as to create ten thousand Peers, or confer this Honor upon every body that asks it, no doubt it were a total Destruction of the Legislative Power of the Nation. And yet in either of these Cases, (or in any other branch of the Kings Prerogative) if the Judges should judge the King had such a Prerogative, it were an unreasonable Objection, to say, These Prerogatives may be abused; Ergo the Judges have given a pernicious Judgment.

When we were to give Judgment in Sir Edward Hales his Case, we could neither know, nor hinder if we did, any ill use the King might make of this Power, we were only to say upon our Oaths, [Page 24] whether the King had such a Power or no, and for that we had the great Authorities above-cited, and two much greater than those; I mean two several clear Concessions of all the Commons of England in Parliament assembled, of this Dispensing Power to be in the King; and that not in a submiss complying temper, but when they were in a high Debate with the Crown (especially in the latter Case) about the Violation of other Laws.

And the first of these is Rot. Parl. 1. Hen. 5. n. 15. and it is printed in Rolls Second Abridgment, Tit. Prerogative 180. the Record is in these words, ‘The Commons pray that the Statutes for Voiding of Aliens out of the Kingdom, may be kept and executed: To which the King agrees, saving his Prerogative, that he may Dispense with whom he pleases; and upon this the Commons answered, that their intent was no other, nor never shall be by the Grace of God’. There were as great apprehensions of Dangers and Inconveniencies from Aliens then, as there is from Roman Catholicks now.

And afterwards, in the same Parliament, [Rot. Parl. 1 Hen. 5. n. 22] when the Commons pray that the Statutes of Provisors, Statutes of the same Nature with this in our Case; (for they were made against the Court of Rome's encroaching Jurisdiction in England;) I say when they make the like Prayer, that these may be put in execution, being [Page 25] admonished by the Kings Answer in the former Case, they themselves insert in their very Prayer, a Saving for this Prerogative of the Kings, and then the King agrees to it.

But the plainest Concession of the Commons of England assembled in Parliament, was that 3 Caroli, upon a Debate between the Two Houses, upon the Petition of Right; it is in Rushworth's Collections, First Part, as it was deliver'd by Mr. Glanvill, in a full Committee of both Houses of Parliament, 23. May 1628. in the Painted Chamber: and that what he says as to this matter, may not pass for the single opinion of Mr. Glanvill, (tho he was a Learned Man) he in the presence of the Commons, addresses himself to the Lords in these words, p. 571. ‘Having thus reduced to your Lordships Memory the effects of your own Reasons; I will now with your Lordships favour, come to the points of our Reply, wherein I most humbly beseech your Lordships, to weigh the Reasons which I shall present, not as the sense of my self, the weakest Member of our House, but as the genuine and true sense of the whole House of Commons, conceived in a business debated there with the greatest Gravity and Solemnity, with the greatest concurrence of Opinions, and Unanimity that ever was in any business maturely agitated in that House’. And then coming to speak of the Point in question, he delivers the sense of the Commons in these [Page 26] Words: ‘There is a Trust inseparably reposed in the persons of the Kings of England, but that Trust is regulated by Law; for example, when Statutes are made to prohibit things not mala in se, but only mala quia prohibita, under certain forfeitures and penalties accrue to the King, and to the Informers that shall sue for the breach of them: the Commons must, and ever will acknowledge a Regal and Soveraign Prerogative in the King, touching such Statutes, that it is in his Majesties absolute and undoubted Power, to grant Dispensations to particular persons, with the Clauses of non obstante, to do as they might have done before those Statutes, wherein his Majesty conferring Grace and Favour upon some, doth not do wrong to others; but there is a difference between those Statutes and the Laws and Statutes whereon the Petition is grounded: By those Statutes the Subject has no Interest in the Penalties, which are all the Fruit such Statutes can produce (that is, to such Informer) until by Suit or Information commenc'd, he become intitled to the particular Forfeitures; whereas the Laws and Statutes mentioned in our Petition, are of another Nature; there shall your Lordships find us to rely upon the good old Statute called Magna Charta, which declareth and confirmeth the ancient Common Laws of the Liberties of England. There shall your Lordships also find us to insist upon divers other most material Statutes, made in the time of King Edward III. and King Edward IV. and [Page 27] other famous Kings, for explanation and ratification of the Lawful Rights and Privileges belonging to the Subjects of this Realm: Laws not inflicting Penalties upon Offenders in malis prohibitis, but Laws declarative or positive, conferring or confirming ipso facto, an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm, as their Birthrights and Inheritances descendible to their Heirs and Posterity: Statutes incorporate into the Body of Common Law, over which (with reverence be it spoken) there is no trust in the Kings Sovereign Power or Prerogative Royal to enable him to Dispense with them, or to take from his Subjects that Birthright or Inheritance which they have in their Liberties, by virtue of the Common Law and of these Statutes’.

I have the rather cited this at large, because it is a clear acknowledgment of the Kings Dispensing Power in as large a manner as we have adjudged it, and does at the same time vindicate it from one of the most clamorous, the most malicious, but withal, the weakest Objections that ever was made against it. By this Judgment say they, you have cancell'd all our Laws, and given up our Lives, Liberties and Estates, to be disposed of at the Kings pleasure. It is plain, that this is no Consequence at all; for the Commons here in Parliament, at the same time that they expresly grant that the King has undoubted Power of Dispensing with [Page 28] Laws prohibiting things that are not mala in se, but only mala quia prohibita , Laws that are made, as my Lord Vaughan expresses it, ‘ pro bono populi complicati ’; yet they utterly deny, as they had good reason to do, that the King can Dispense with one tittle of Magna Charta, or any of those other Laws whereby the Lives, the Liberties, the Interests of any of the Subjects are conferr'd upon, or confirm'd to them; for these are Laws pro bono singulorum Populi , which the King never can Dispense with. And as to this matter, I do not know whether it will be proper, but any man so sensibly touch'd in his Reputation, may be provok'd to commit some Indecencies. I must appeal to all men that have observed my Actions and Behaviour since I have had the Honor to sit upon the Bench, whether I use to be guilty, in Laws of this kind, to strain the Constitution of them for the Kings Interest. First, in such Laws wherein the Lives of men have been concerned, I confess, I have been scrupulous even to a Fault; for in some Cases upon Statutes that had been adjudged Felony by wiser and better Judges than my self, and it was highly for the Kings service they should be so, yet I could never give Judgment of Death, because I could not satisfie my own Conscience that those Statutes were now in force. And in other Cases wherein the Rights of the Subjects have brought in [Page 29] question, how strictly I have kept to that substantial difference taken by the House of Commons, that though the King in Laws of Government, in Penal Laws of a publick nature, has a power to Dispense in particular Cases; yet he cannot Dispense with Laws which vest any the least right or property in any of his Subjects; will appear by the Opinion I gave in the Case of Magdalen Colledge, (for the truth of which, I appeal to all that know any thing of the Transactions in that Case) wherein, when the Kings Right against the Colledge, was endeavour'd to be asserted by a Dispensation granted by himself, I utterly denied that Dispensation to be of any force at all, because there was a particular Right and Interest vested in the Members of that Colledge, as there is in the Members of many other Corporations, of Choosing their own Head. So far have I been from giving up all Mens Lives, Liberties and Properties to the Kings pleasure.

I had forgot to take notice of two or three Objections more that are usually made.

Obj. First, here is a Disability, and the King cannot dispense with a Disability. As the Statute against buying Offices, the King, say they, cannot Dispense with, for that reason.

Answ. There is the same Disability in the case of Sheriffs, and yet resolved that the King can Di [Page 30] spense in that Case, and the reason in the Statute of buying Offices, or sitting in Parliament without taking the Oaths, is because there is a Disability actually incurr'd, and when any person is actually disabled, he cannot have his disability taken off but by Act of Parliament. But in the Statute dispens'd with, in the Case of Sir. E. Hales, there is no Disability actually laid upon any man; but certain things are required to be done, and as a penalty for disobeying the Act, and omitting the doing those things required by it, the Disability with the other Forfeitures are to be incurr'd after Conviction. Now the nature of Dispensations being, as was shewed before, to make the thing Lawful to him that has it, which is unlawful to every body else; it does plainly prevent the committing any offence by that person, and consequently the incurring any Penalty or Disability at all. But in the case of buying Offices the person is disabled before the Dispensation comes, for he is disabled ipso facto by contracting or dealing for the Office. So the true difference between the Case of Sheriffs, and the Case of buying Offices is this, That the King in the one Case can prevent the incurring a Disability, but cannot purge it in the other after it is incurr'd. To illustrate this by a Case of the like nature, The King may prevent an Attainder, but he cannot purge an Attainder. If a Man has committed Treason [Page 31] or Felony, the King by granting his Pardon may infallibly prevent the Offenders ever being Attainted, but after he is once actually Attainted, the King can by no means take off that Attainder, or purge the Corruption of Blood, but by Act of Parliament; provided the Judgement by which he is Attainted be not Erroneous.

Obj. But it is Objected, that these Laws were made for the Interest of Religion, and all Offences against Religion are mala in se, and therefore not to be Dispensed with.

Answ. I Answer that true it is, all Offences that are directly against Religion, and as it is Constituted such by the Divine Law, are mala in se, and not to be Dispensed with; and in this Case the Parliament is bound as well as the King; for an Act of Parliament made against Religion in that sence is utterly void, as is instanced in Doctor and Student, of an Act, That should forbid the giving of Alms upon any occasion, &c. But Humane and Politick Constitutions, though made for the Interest of Religion, as they had a beginning, so they are alterable by the same power that made them; and therefore the breaches of them are in their nature mala prohibita , as was Resolved in the great Case of Dispensations, in 11 H. 7. abovecited, and instances given; as the King may dispense with a Priests holding of two Benefices: though the Laws against Pluralities were made for the Interest of Re [Page 32] ligion, and the better Edification of the people. So the King may dispense with a Bastards entring into Priests Orders, &c. These instances are taken for Law in that Year-Book.

But to all this I know it is said, that these high Trusts and Prerogatives might be always safe, and sometimes useful, in a Protestant Princes hands, who would faithfully discharge the duty of one that ought to be Custos utriusque tabulæ; but when these Prerogatives are asserted to a Prince who is of a contrary Religion to that Establish'd by Law, there would be always danger of their being abused to the prejudice or destruction of the Establish'd Religion.

To which I answer, that it cannot be forgotten that the Promoters of the Bill of Exclusion used the same Argument: If you leave him King, say they, he will have all the Prerogatives of a King, and those Prerogatives may be made instrumental to the ruin of your Religion; which could not be denied by the Gentlemen on the other side, who oppos'd that Bill. Their only Reply was, Fiat Justitia ruat Cœlum, it is his right, and we must not do evil that good may come; we must not do wrong, no not to promote the Interests of Religion its self. The same Argument that weigh'd with them to assert the right of Succession to the Crown of England, and consequently to all the [Page 33] Prerogatives together, was the Rule we had to guide us in giving Judgment in this Case concerning a particular branch of them. We must not break our Oath, nor give Judgment contrary to what seem'd to us to be Law, let the Consequence be what it will.

But it has been farther Objected to me, by some of my Friends, that, though I could not in Conscience have given Judgment against the King, being of the Opinion that I was, yet I should rather have parted with my Place, than to have given a Judgment even according to Law, which might be so prejudicial to that Excellent Religion that I profess; and of which when I cease to be, let me cease to be at all.

I Answer that neither in Prudence nor in Conscience I could have taken that course.

First, Not in Prudence; for I confess, that saying Omnia dat qui Justa negat; had great weight with me in the Case, and that I was of opinion since an incroachment of Jurisdiction was fear'd, there could not be a greater, nor more dangerous provocation to it, than for Protestant Judges to refuse to give Judgment for a Prince of a different perswasion, in that which we could not deny to be his Right.

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And next in Conscience, I could not decline giving Judgment in this Case; for by our Oaths we are as much obliged to give Judgment one way or other, as we are to give what we think a righteous Judgment in all Cases that come before us.

It hath been Objected that all this was a Contrivance, an Informer set up, and all but a feign'd Action.

As to this matter, I can truly say that I don't remember that I ever heard of this Action, till after it was actually brought: but in this there seems to be no hurt or inconvenience at all. The Law is as well tryed, and settled in a Feigned Action, as in a True. There are Feigned Actions directed every day out of Chancery, to this very purpose, that great and difficult Points of Law may be settled by them; and why the King might not direct such an Action to be brought, to satisfie himself whether he had such a Power, and if he had, that the people might be satisfied, and acquiesce in it; I confess I see no difference at all. If there were indirect means used for procuring Opinions, or the like, I have nothing to say to it. I stand upon my Innocence, and challenge all the World to lay any thing of that kind to my charge. My part was only to give my own Opinion, in which, if either by misunderstand [Page 35] ing the Books that I have cited, or by drawing weak Conclusions from them, I have erred in the Judgement that I gave; how can I for this be charged as a Criminal? The Law neither supposes, nor requires an Infallibility in any of his Majesties Courts of Justice; it were very uneasie Sitting in them, if it did. We can but judge according to the Books that lie before us, and according to the measure of our understanding of those Books: we have not always so much light to guide us, as we thought we had in this Case. We often meet with Cases new and rare, and very ill settled by former Judgments, where we are forced to dig Truth as it were out of the Mine; to compare and distinguish, to skreen and sift, and gather the sence of the Law out of the confusion of disagreeing, and very often contradictory Opinions, as well as we can; and if after all our Labour and our Pains, we happen to be mistaken, it was never yet imputed as a Crime. The Judgment is Reversed in a Writ of Error, not only without any Accusation, but without the least Reflection upon him that gave it. Nor can a mistake in Judgment be more Criminal in a matter of a greater Concernment, than it is in matters of the least Consequence. It would be very mischievous, and very dangerous if it should: for if in questions of Prerogative, [Page 36] any mistake shall be made Capital on the one hand, when Judgment is given for the King; why succeeding Princes may not be as angry at any mistakes on the other hand, I cannot imagine. And when once affairs are come to that pass, there will be great encouragement for any Man, that can make the least shift to live without it, to undertake those very necessary, but very difficult, and very troublesom Imploiments; great freedom for Men to give Judgment according to their Opinion, and their Conscience, and great reliance upon the resolutions of those, who know they shall be sure to pay with their Lives and Fortunes, for any mistake of theirs, either to the King or the People, as either of them shall happen to get the upper Hand. For my own part I thank God I can say these two things: First, That for these ten years together, wherein (with very little intermission) I have Sate a Judge in several Courts, though I may be justly accused of my weaknesses and mistakes, yet I have never given Judgment in any one Case against the clear Dictates of my Reason and my Conscience. And the second thing is, That I never gave Judgment in any controverted Point, wherein I had so many, and so great Authorities to warrant it; as I have to warrant that Judgment which was given in Sir Edw. Hales his Case. And [Page 37] this I say, not to set up that Opinion again in a Pamphlet, which was so ill relished in a Court of Justice, nor to oppose my Sence to the Judgment of the Nation; for I think it is very fit that this dark Learning, as my Lord Vaughan calls it, of Dispensations, should receive some Light from a determination in Parliament, that Judges for the time to come, may Judge by more certain Rules, which Acts of Parliament the King may, and which he may not Dispense with; but I have cited those Authorities at this time in my own Defence, and for these particular purposes: in the first place, to shew,

1. That we are not the first Inventers of this Dispensing Power, but that it has been allowed without Controversie, to the Kings of England in all Ages, that they might Dispense with many Acts of Parliament.

2. That if our Judgment was erroneous, and that the King could not Dispense with that Act of Parliament, yet that Error was but an Error in that single Case, and had no such large and mischievous Consequences as is pretended. For that, because we Judged that the King could Dispense with that Statute, for others to conclude from thence, that therefore he had a Power to Dispense with all other Statutes, especially such as confer or vest in any of the Subjects any man [Page 38] ner of Interest whatsoever, in their Lives, Liberties, or Estates; or that, because the King may Dispense with a Penal Law, wherein a disability is annexed to the breach of it as a Penalty, and that Penalty not to be incurred before a Legal Conviction, and where the Kings Dispensation makes the thing Dispensed with Lawful, and consequently prevents any Conviction or Penalty at all: for others to conclude from thence, that therefore the King may Dispense with such Statutes, where a precedent disability is actually laid upon any Man, as there is upon the Members of both Houses, till they have taken the Oaths and Tests prescribed, and therefore without question is not in the Kings power to Dispense: I say, these are Consequences which may flow from the heated imaginations of angry Men, but have no warrant or foundation at all, from the Judgment given by us.

I have one thing more to say in my Justification, which is, that if I have been guilty of so hainous Offences as I am accused of, where is the Temptation or the Reward? If it was to keep in my Judges Place, which otherwise I might have lost; I can only answer, that if that were the Case, I then became the worst Man in the World, only to keep that, which, it is pretty well known, I was with much difficulty, by the [Page 39] persuasion of my Friends, prevailed with to accept: and for any other Reward, whoever is acquainted with the circumstances of my Fortune, will, I am confident, notwithstanding the false and idle reports, of I know not what great Reversions lately fallen to me, as easily acquit me of having been corrupted by the King, to give a pernicious Judgment in this Case, as of having enriched my self by taking Bribes in Cases between party and party.

All that I have to add more, is, that howsoever this that I have said in my Defence, may happen to be understood at present: yet I could not deny my self the satisfaction of having put in a Plea of Innocence at least; that whatsoever shall happen to me now, may perhaps meet with a more equal Judgment in after-times, since it ought to be much less uneasie to me to lose my Life, if any body be very fond of taking it, than to let the aspersions that are every day cast upon me, to pass in silence, or suffer my self to be transmitted to Posterity, under the Character of a Betrayer of my Religion, or a Subverter of the Laws and Liberties of my Country.

FINIS. [...] [Page [i]]

Table of contents

• ERRATA's.
• TO THE READER .

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

SIR,

I do not wonder to find you concerned to know upon what grounds the Act of Attainder was lately carried. The Debates were long, and the contradiction was great. Every thing that is unusual, and that in the first appearances, seems a strain upon Justice as well as Law, needs a Commentary. A short prejudice does sometimes seize one so strongly, that a long Discourse will be necessary to settle his judgment aright: and therefore I shall endeavour to give you as full an account of that whole matter as I have been able to collect, either from what I learned from the Bar of both Houses when all were permitted to come in, or from discourse in Conversation afterwards; which, I hope, will serve, without any additions or observations of my own, to help you to see this matter in a clear light, and to take off from your self or others, any Impressions that flying Reports or some short Papers may have made. It has been the more easie for me to procure you such an Authentical Relation of that matter as will satisfie you, because both Houses of Parliament did, upon this occasion, slacken their otherwise necessary Rules of having all their De [Page 2] bates with shut Doors, and only among themselves. They seemed in that to comply with the Methods of the Justice of this Kingdom; in which Judges argue and give their Opinions in Open Courts, and in the hearing of all: So, since they brought a Gentleman to a Tryal, they not only hear Councel and Witnesses with open doors; but, in most of their deliberations, they acted like a Judicature that was neither afraid nor ashamed to own what they did. But, to bring those Debates, of which I was so lucky as to hear a great deal, under some Form, I shall lead you, as they proceeded, by these steps.

I shall show you on what reason they proceeded by Bill in this Case.

2. On what reason they went out of the Common forms of Law in Inferior Courts, in some steps that they made.

3. Upon what grounds it was that they judged this Unfortunate Gentleman Guilty: and then,

4. I shall acquaint you with some passages before and at his Execution.

In stating these matters to you, I shall comply faithfully with your desire of knowing what was said of both sides, for, and against every step that was made: as far as I was able to collect from what was said.

It was in general objected that there were Laws, and Courts of Law where Offenders were to be tryed.

It was thought a thing of dangerous consequence to proceed against any by Bill, which might have fatal effects, even to the subversion of the Laws of the Kingdoms; which (if in any thing) ought to be observed most sacredly in what relates to the Lives of the Subjects.

It was said, that Factions might prevail in Parliament as well as elsewhere, and what was done at one time would be made a Rule or Precedent to warrant the like at another time.

It was alledged, that Subjects knew the Laws, and how to govern themselves by them, or when they must fall under them; but no Man could know what a Parliament might call or make a crime, and so no man could be safe.

[Page 3]

It was yet more necessary that this should be certain in Cases of Treason, where the Punishment went not only to life, but to the corrupting the Blood.

By the great Statute of Edward III. the Overt Act must be proved. By that of Edward VI. there must be two Witnesses brought face to face: and all these securities were of late reinforced by the New Act of Tryals in Cases of High Treason; but all these would signifie nothing, if this Method were taken of attainting men by a Law. This was inforced with a variety of Topicks, as you see the Subjects can well bear them.

But in opposition to all this, it was said, that the Parliament had often proceeded in this method. Very many Precedents were cited of Ancient times; some of these were indeed afterwards condemned, but so were also the Proceedings at Common Law: for partial Juries and corrupt Judges are plagues that have visited us but too often. Therefore it was no derogation from Parliamentary Proceedings, to confess that in bad times they have been unjust and extreme.

Still the Authority was kept up, as that which had been reserved by the Proviso in the Statute of 25 of Edward III. and though that Proviso had not been made, the Nature of this Government of ours in England makes it.

It was indeed seldom to be made use of; but when enormous crimes broke out, against which no Provision had been made, Then a Law, as they thought, might declare the Nature of such crimes and apply a proportioned Punishment to them; so in King Henry VIII. time, when a Pot full of Pottage was poisoned in the Bishop of Rochester's Kitchen, of which some eating of it had died; poisoning was declared by an Act to be High-Treason, and the Punishment of it was to be boiled alive, and the Cook suffered by that Law; which was never censured by any.

When the Nun of Kent pretended to Visions, that revealed to her the unlawfulness of that King's purpose of Divorce and of a second Marriage, and that if he did go on to it, he should dye a Villains Death; the Parliament adjudged this to be the [Page 4] Crime of Treason against the King's Life and Crown, and condemned some to be attainted of Treason, and others of Misprision, for the share they had in it. This Sir Thomas Moore justified.

It is true, Attainders grew to be much in use during the rest of that Reign which was much and justly censured. These things ought not to come too often; the crimes ought to be enormous, and the Evidence ought to be so full that no doubt can remain of it: Many were then attainted upon Depositions produced without bringing the Witnesses themselves to be examined; the crimes objected were slight matters, some passionate words, some Coats of Arms, some pieces of Embroidery, as in the Case of the Countess of Salisbury and the D. of Norfolk; but the chief injustice of all was that Prisoners were attainted without being brought to answer for themselves, or to object to the Evidence laid against them. A Parliament was certainly under the eternal Laws of Justice, and therefore it was an injustice never to be excused not to admit men to speak for themselves. One Attainder past in Edward VI. Reign, when tho' the party was not heard, the Witnesses were heard; but when the D. of Somerset came to be Tryed both for Treason and Felony, he had not the benefit of the Accusers being brought face to face, but was proceeded against upon Depositions read in the Court; he was acquitted for the Treason but cast for Felony, and that occasioned the Act which the Commons Grafted upon a Bill sent down by the Lords in the subsequent Session.

In Queen Elizabeth's long Reign there was indeed no Attainder, but there was a very extraordinary proceeding supported by a Parliamentary Authority in a famous tho' invidious Case; and if a Parliament may supersede any of the common Forms of Law they may carry that as far as they see good cause.

In Kings James's time those who had been concerned in the Gun-Powder-Treason were by Act of Parliament attainted after they were dead, which was plainly against the Law; for when a Man dies, by our Law all his crimes dye with him.

In King Charles the First time the much talked of Attainder of [Page 5] the Earl of Strafford has been generally ill represented; he was attainted upon the Evidence of one Witness, who deposed that he had offered an advice to the King to bring in a Forreign Force to subdue the Kingdom; whereas all the other Witnesses said that by this Kingdom they meant no other but the Kingdom of Scotland then in Rebellion, no discourse being of England; so whether he said this Kingdom or not they could not say, but they understand it all to relate to Scotland. Now since the Relative this, tho' in general it belongs to the place where one is, yet may well belong to that which was the subject of the discourse, tho' this Kingdom in general is certainly this Kingdom, yet these words this Kingdom may be understood of that Kingdom of which they were speaking. The Execrableness of that proceeding was the attainting a man upon single Evidence when the sense of them was so doubtful, or rather on the contrary when it was so certain that those words were to be understood in another sense. It was therefore the injustice of the proceeding that is here to be accused, and not the proceeding by Bill. For it is hard to tell what any Parliament would do, or rather what it would not do against a Minister who upon their refusing to give all the supplies that were asked, should tell a King that he was absolved from all the Rules of Government, and might bring in a Forreign Army to subdue his People.

In King Charles II. time, some of the chief Regicides were attainted after their deaths and their bodies were raised and exposed to infamy, tho' no Law could reach that.

And in King James II. time, the D. of Monmouth was attainted in absence without assigning him a day to come in, and that upon a Slender proof. By this, not to run backward to ancienter Precedents, it is clear that Parliaments are in the constant practise of Bills of Attainder.

But to justifie such a way of proceeding two things are necessary. 1. The Crime ought to be of a high nature in it self; who will say but a Conspiracy to blow up the House of Commons, to blow up the Magazins in the Tower, or to burn the Fleet of England, tho' in themselves but misdemeanors, may [Page 6] be raised by a Parliamentary authority to be Crimes of a higher nature and so be punished accordingly, as poisoning was from being but Felony declared to be high Treason. 2. Another thing is that the Evidence must be certain, so certain that none can doubt of it. When these two are observed no injustice can be done; and certainly tho' forms are necessary for all the Inferiour Courts of Justice, yet the Supreme Authority is above them, and is under no other rules but the rules of Justice and Equity.

This Government has a peculiar felicity belonging to it, that it admits of no Torture; every one will acknowledge that it is a felicity, and it is so peculiar to us that no Government now in the World, the freest not excepted, has shut it out, but this only. But to ballance this when Cases happen of great consequence, and notoriously evident, in which all the ordinary forms of Law cannot be observed, the legislative Authority may and must interpose, otherwise the Publick might be endangered by too scrupulous an adhering to forms.

The Romans who of all Nations both understood Liberty the best, and liked it the most, reckoned that sort of Justice was indeed never to be departed from; but their Laws might be superseded; sometimes they put all in the power of the Consuls with a viderint Consules, &c. when the danger was more extreme a Dictator was made in whose breast all the Laws were lodged. In great Cases the People judged and sometimes in a very summary way with great regard to Justice, but little to Law, when it seemed to stand in the way of Justice: And yet in all the time of liberty, there were not above three condemned for affecting to make themselves Masters of their Liberties.

The Portian Law had secured all the Roman Citizens from Capital Punishments, yet a few years after it had passed, a whole legion having perfidiously fallen in upon Rhegium, the Romans without regard to that Law put them all to death, such regard had they to Justice.

In all free Governments, there are extraordinary methods for extreme Cases, and tho' Courts are justly put under Rules yet that superiour authority is above all. Such were the Dicta [Page 7] tors at Rome, such are the Inquisitors at Venice (not the Ecclesiastical but Civil Inquisitors) such are the Chambers of Justice among the Grisons, and among all out of England upon a credible tho but single Evidence Torture is made use of.

In England Tryals of Treason went at first at large by the Common Law, till the Statute of Edward III. hath both limited the Crimes and the Evidence. This had still a reserve in it for a Parliamentary proceeding, which amounts to this, that as to Evidence, Parliaments may proceed as Juries do in case of Felony to cast the Party upon a single Evidence with strong Presumptions, and that as to the Nature of Crimes such actions as do in their own nature tend to the destruction of the Government, tho' not enumerated in that act, may by them be declared to be High Treason. There is no occasion for this in the present case; that is, for declaring it by any new Act to be Treason; The inviting of a French Army into England being certainly High Treason.

As for its being a Precedent, it is, only a Precedent to a Parliamentary proceeding. When any Parliament has a mind to proceed in this way, they have already Precedents enough: A new one after so many does not make the matter much stronger. If they had none at all, their supreme power sets them above all forms and rules except that of real Justice. They must take care of the publick, and secure it from danger. They must not put an innocent man to death upon no account whatsoever, that were murther in them. The greater their power is the more careful they ought to be in the use and application of it. England is safe while in the hands of a Parliament. They are in their own hands, in the hands of their Representatives. But if ever the Nation is so unhappy as to make a very bad choice, it must perish, whether a body so ill composed had Precedents or had them not for what they were about to do. This great Authority must be applyed with great care and caution. The nature of the fact must be enormous, and highly so (as has been before observed) otherwise it does not deserve their regard, even tho' it might be very criminal: And what can be more [Page 8] enormous than to treat and send Messages to invite over a French Army? It were invidious as well as it is needless to aggravate this which carries in it all the miseries imaginable that can happen to a Nation, and that from our being the happiest would soon render us the miserablest Nation upon Earth. We have all seen during the progress of the War, a Body of unnatural men among us that were visibly favouring our Enemies in instances that have been too publick and scandalous to need to be insisted on. To these we may justly impute both the length of the War, and the dangers we have been in, of being twice surprized by Forreign Invasion from La Hogue and Dunkirk. To this all the dangers the King's Person has been in of Assassinations may be also ascribed; and with respect be it said, the assassinating the Kingdom, to which the other was to make way, was much the blacker Crime. Confusions among our selves, tho' they may throw us into great Convulsions, in which our Kings may have a very dismal share, as happened in the late Wars, yet they may have their Crisis. The Nation came again to it self in the year 1660. and all things returned to their former State. But a Forreign Conquest enslaves us and our Posterity for ever. And whereas it was said by the Councel for the Prisoner, that this Gentleman was not so considerable that the safety of the Government could be in danger by his means, and that therefore it was not necessary to proceed against him in so extraordinary a manner; which was urged in words not very decent, expressing a contempt of a man of Birth and Quality: But to this it was answered, that the Crime and not the man were to be considered. The inviting over a French Army was so heinous a thing, that on whomsoever it fell it must fall with all its weight. It must not pass over as a slight matter. besides that; he at the Head of the 2000 Horse that were promised was not so inconsiderable. If such Invitation had encouraged the French to undertake the Invasion last year, that was so near proving so fatal to England, such a Crime being of the highest nature is very proper for the Supreme Au [Page 9] thority to proceed in; sure they may be defects in the Evidence, which the Courts of Law cannot and ought not to supply. And, as to the evidence, this ought to be laid down for a foundation, that it ought to be certain, such as no man doubts of, or can well make himself doubt of; for if there appears no more but a just suspicion after the whole is taken altogether, certainly in that case the Prisoner ought to be acquitted. But if the Evidence comes so home, that if a Jury were to try one for Felony upon such proof, it cannot be supposed that they would go from the Bar, then, tho' there should be such defects in it, that by the rules of Inferior Courts, and by the Law lately passed, a man could not be reached upon it; here would be a strange return to the Crown for passing such a Law, in which a particular Exception was made as to proceedings upon Impeachments, or other proceedings in Parliament, if upon new and strange Emergencies Emergents (sic) , and when we were so lately in such visible and imminent danger, the Parliament would not proceed according to that power, that was inherent in it, and had been ever reserved to it. They were to arrive at Justice whatsoever might lie in their way. Justice was still to be sacred: God forbid an innocent man should suffer; but he was a wise King as well as an inspired Writer, who had made the acquitting the Guilty, a Crime equally odious with the condemning the Innocent.

Thus I have given you as fully as I could gather it, the summ of the Argument as to the matter in general. This was the finest part of the debate, and that of the most lasting use; here it was (as far as I could collect) that the much greatest part of those that liked not the Bill did stick: for besides the aversion that all men have for medling in Blood, many thought this might be made [Page 10] a common practice. They could not see how far it might go; and therefore thought it safer to let the Bill fall, then to revive, or, at least, fortifie that which might become very dangerous in its consequences. For I am apt to think they had no concern for Sir John Fenwick, and did not doubt of his guilt, only they had an aversion to the Precedent: And of those who argued for it, I know diverse, who had great tenderness for the matter, and much for Sir John in particular: But since they thought the thing just in it self, the circumstances of Affairs both at home and abroad, made them conclude it to be necessary to pass a Bill of that nature when it was once moved; since the rejecting it would have given great Cause of Triumph to our Enemies, and must have very much disheartened our Friends and Allies. This was not to be considered, 'till the Justice of the point was first setled; for that would be, as if a man were to die, because it was expedient he should die: but if it appeared to be just, then the expediency of it had great weight as to the passing the Bill.

The second Head of which I promised to give you an account, is the reasons on which some steps were made out of the common Forms of Law. It was first in general urged, that here in a matter of Judicature the Commons assumed an equal share with the Lords, and more particularly, that they who could not so much as tender an Oath had yet judged a man Guilty of Treason, which seemed contrary to natural Equity. To this it was answered, it was certain that in the way of Judicature the Commons could only be the Accusers, and the Lords were the only Judges; but when they proceeded in the way of Legislation, both Houses must concur. This was the fate of all Bills of Attainders; some of these Bills were begun in the House of Commons. In Henry VIII. time, tho the Bills began in the House of [Page 11] Lords, yet several persons names were added by the Commons, which was the beginning of it as to those persons. That of the E. of Strafford was begun by the Commons, so was also the latest Precedent, that of the D. of Monmouth. It is true the Commons cannot tender an Oath, yet matters of Justice do oft pass upon a bare deposition where the Law do's not suffer an Oath to be tendred. So the acquittal in Tryals of Felony, and, till the late Act was past, in Tryals of Treason, was upon Depositions that could not be upon Oath: Yet they might be believed, and Juries must give their Verdicts upon them if they believe them; so the Commons believing the Depositions might upon these pass the Bill, tho no Oath could be tendred.

Another step to which great exception was made, was the the the (sic) reading of Goodman's Deposition. It was said this could not be admitted by Law. The Prisoner could not have the advantage of cross examining him, since he did not appear face to face as is required by Law; nor was it proved that Sir John Fenwick, or any impoyed by him, had any way persuaded Goodman to withdraw himself: It would be of very consequence if a man so accused should be condemned; for by this means a Witness, who, if produced Viva voce to accuse a man, could not hurt him, being found insufficient to convict him, yet should have more power to hurt him by his absence than if present.

To this it was Answered, that it was a known maxime, that the Practice of Parliament was the Law of Parliament: and the constant practice anciently had been to read Depositions. It is true, they were afterwards to consider of what importance such Depositions were, and what stress was to be laid on them; therefore there was Precedent enough for [Page 12] reading them, yet in Justice they ought to weigh every thing that could be offered to derogate from their credit: as they were to hear every thing that was offered to defame him or to lessen his credit. Might it not be urged as well against the Attainting men after they were dead, that they could not cross interrogate Witnesses, nor offer Proofs for their own justification. In such Cases there must indeed be such a fulness of proof, that it may appear that all exceptions are vain allegations, and no great weight was to be laid on such objections.

Another step was the examining the Grand Jurymen, who had found the Bill against Sir John Fenwick, as to the Evidence, that Goodman had given before them against him. Those who had been of Mr. Cook's petty Jury were also examined as to the Evidence that Goodman gave in that Tryal. The Kings Council moved this, that by it, it might appear that Goodman had been always constant in his Evidence.

But to this it was objected, that it was against the Law: Those of the Grand Jury were under an Oath not to reveal the secrets that were before them; whatsoever was sworn before them was all to be examined over again in the Tryal; so, that could not be brought as part of the Evidence, and those who had tried another man were not to be brought as Evidence, as to what had passed in a Tryal to which Sir John Fenwick was not a party. It was also observed that those Jury-men varied in the report they gave of Goodman's Depositions.

But to all this it was answered, that Evidence might be [Page 13] brought to prove a presumption as well as to prove the main thing in issue. For since Goodman was gone, if any use was to be made of his Evidence, it was a strong presumption either for or against it, if it should appear that he was constant or, that he varied in it. The Parliament was now searching to find out truth: so every thing was to be followed what might help towards that. They were afterwards to consider what use they might make of it; so tho' it might be against the Forms of Law, yet in the way in which they proceeded at present, it was very proper for them to examine into it. As for the Oath of the Grand Jury to keep the Evidence secret, it was an Oath in favour of the King; that so the Evidence might not be known to the Prisoner , till he should be brought to his Tryal. Since therefore this was an Oath to the King, they who were brought thither by his Council were freed from the obligation of it; and since this was indeed Sir John Fenwick's Tryal, the end of the Oath was already Answered, so that it did not bind them to conceal the Evidence that had been given before them.

As for those who had been of Mr. Cook's Jury, their Oath was not to be Evidence against another Person; It was only a Circumstance that might direct them to judge what value they ought to set upon Goodman's Depositions. As for the diagreement that might be among them, the Jury-men themselves, when first called in, declared they could not be positive in it as to the particulars; because it was a good distance of time, and they had not sufficient notice to think and recollect. And as to the disagreement, it was not in the charge it self, nor the matter alledged against Sir John Fenwick, but it was only in some small circumstances, in which men might vary who had heard the Deposition but once; and so, are not like a [Page 14] Witness to a fact, that he has seen or known, which he is supposed to reflect oft upon; nor do they consider more upon such occasions, than whether the Evidence is so well made out, that they can give a general Verdict upon it.

They therefore might misremember themselves as to some particulars which were of less consequence, that would undoubtedly be observed when it came to be debated how far Goodman's Evidence was to be made use of, or to be depended on; which was afterwards little insisted on, and seemed rather to be brought to shew the fairness of the proceeding in the whole matter, than to draw any Inferences from it to hurt the Prisoner.

I come in the next place to tell you what the Evidence was, upon which Sir John Fenwick was believed Guilty. I need not report Captain Porter's Evidence, it being so oft in Print, as to this particular, both in Sir John Friend's, in Sir William Parkin's, and in Peter Cook's Tryal. All that was special here was, that he said that the Lords left the rest of the Company about Five of the Clock, but he could not tell whither he went when he left the House, nor whether he went home that or some following Nights. All the People of the House where they dined were examined, who all deposed, that they were often coming to the Room where that Company was, the Doors being all the while open; that they saw not Goodman there, nor had ever seen him there, as they remembered at any time; they believed he could not be there at that time. They also said that the Lords went away about Four of the Clock, and to that particular divers others Witnesses were examined, who all agreed that [Page 15] it was about Four; so tho' some of these Witnesses were not much considered, yet that matter seemed to be agreed on, that they left the House about Four of the Clock; whereas Porter sware it was about Five. A Record of Man-slaughter was also brought to lessen Porter's credit; and whereas he said he could not tell when he went home, it was urged, that from thence it must be concluded he was drunk, and so could be no proper Evidence to what past when he was in such a condition; some disagreement was also observed in the Printed Tryals between the Evidence he gave as to Charnock's coming to him after his return from France; in one it being that he came to him after his Confinement to Newgate, and the other after he was freed from his Confinement. This was much insisted on, and upon this it was said, that as he was the single Evidence, so he was a very doubtful one. To all this it was opposed, that by one unquestionable Evidence it appeared, that Goodman had once dined in the House with Sir John Friend, so he was known to the House; and by another it was proved that he had given direction to call for him that very day at that House, so little credit was due to the People of the House. As for the hour of their parting, when the days are so long as in May, no man can be positive to an hour except some circumstance oblige him to attend to it. A man may think it is Five, when it is but Four; time seemed to move quicker or slower as People were in hast or weary; so no stress should be laid on that. It is but an Inference that he was Drunk, because he did not remember when he went to his Lodgings; other considerations besides that might make a man, who was too much a libertine, not be able to give an account of himself. The record of Man-slaughter did not at all affect his fame or credit in what he Deposed upon Oath.

[Page 16]

The varying in the Tryals was occasioned by the difference between the Short-hand-writers, one had Writ all the Depositions one way, another had varyed in some. The Witnesses had complained to my Lord Chief Justice, after the Tryals came out, that their Depositions had been wrong taken; one of the Short-hand-writers was not placed so advantageously as the other; besides that the mark in Short-hand-writing that distinguishes between these two after he was confined, or after his confinement was over was so inconsiderable, that the exactest Writer might mistake; so the insisting so long on this was much wondred at.

Upon the whole matter it was said, that though a bad man was at first a doubtful Witness, yet after so many Tryals, so great a canvassing find matter to object against him, and that not one point he had sworn was ever disproved, or so much as denied, by any who had died upon his Evidence; all this confirmed his credit beyond the possibility of calling it in question.

They who had suffered, had studied to cover the Late King all they could, and denied that they had seen any Commission from him for Assassinating the King; but in this they did not contradict Mr. Porter, he spoke not a word of a Commission to assassinate the King, but only of a Commission to attack and seize his Person, which none of them denied.

If in any circumstances he had sworn wrong, they to discredit him, and to save their Friends, could not have omitted to deny and contradict it. This not one of them has done: Sir J. Friend and Sir W. Parkins had this very matter [Page 17] objected to them, it was a part of the Evidence against them, yet they died without denying it; which is not possible to suppose they would or could have done, if it had been False; since it would have discredited the Evidence, and so have been a means to save their Friends. This is the nature of a violent Presumption, which really goes further, to satisfy a Man's Mind, than ten Witnesses; for one may suspect them all how full or home soever they may swear: but this forces it self so upon a Man, that it determines his Assent, he believes it because he cannot doubt of it; and therefore they concluded that Capt. Porter was not a doubtful Witness, but an undoubted one, since his Evidence was fortified with so many violent Presumptions as every one of the dying Men had given to it; but most particularly by what Friend and Parkyns had said, who justified themselves in what they had done, but denied no part of that which was objected to them. This is more than any Jury in Cases of Felony would require to determine them to bring in their Verdict, and so must be enough to determine the Houses of Parliament.

Goodman's Evidence was not much insisted on. It was proved that he had been a common High-way-man; a Record was brought of designing to murder two of the Dutchess of Cleveland's Sons; besides most horrid Blasphemies, that could scarce be heard with Patience. It was not proved that any in Sir John Fenwick's Name had practised with him to withdraw, so it might be presumed that Horror for his false swearing might have been his Motive. To all this it was said, that tho it appeared that he was a very wicked Man; yet since these Persons, as it was proved, had kept him Company much, they made him a more creditable Witness against themselves, than he could be against any other Person. The concurring Circumstances in this Matter gave Credit to his Testimony; for as to Black Things, very wicked Men, when supported by other Presumptions, must be credited, since such Persons are the only proper Tools to be imployed on such occasions. It is true, it was not proved, that any in Sir John Fen [Page 18] wick's Name had practised on him to go out of the way: But a Practice of corrupting Porter to go out of the way had been fully proved; in which Lady Mary Fenwick, and Sir John's Sollicitor, had been concerned; which gave a strong Presumption against him, and a just cause of Suspicion, that he was also concerned in the withdrawing the other Witness: But that was only a Suspicion.

Another Practice that was proved to be carried on to discredit his Evidence was also brought as a Presumption; but that gave only occasion to another Suspicion as to the withdrawing of Goodman: So the Business of Goodman was little insisted on.

Another Matter was more urged; when Sir John was first taken, he writ a Letter to his Lady (which was taken from the Person to whom the conveying it was committed); in it, besides many other Directions, (by all which it appeared he looked on his own Cause as desperate) he advised her to try, by Money, to gain some of the Jury, to starve the rest; and added, that or nothing must save me my Life (sic) . This was then brought to the Lords Justices, (as was testified at the Bar of the House of Lords): And upon his first Examination before them, in which he denied every thing, they told him he was not of that Mind when he writ that Letter, which was then shewed him; to which he said nothing, but laid it down, and was silenced by it: That was considered as an implicit confessing of it.

Some thought to have taken off this, by saying it was like the proceeding in Col. Sidney's Case, upon the Similitude of Hands; but the barbarousness of that Case was, that a Book found lying in a Man's Study, writ many Years before, was brought to supply the want of a Second Witness, of a Treason of a few Months standing. It could not have been denied, but that if there had been Witnesses against Sidney, tho doubtful Ones, it was a violent Presumption to support their Credit; If it appeared by a Book of his own writing that he thought Kings might lawfully be put to Death. This was not urged [Page 19] as an Evidence but as a violent Presumption, that Sir John knew himself Guilty, and such certainly it was. But as Sidney's Case was urged, so the Lord Russell's Case was also insisted upon, which had been ever thought hard that upon some transient Discourses he had been condemned, and it was alledged that these were only Discourses at a Tavern; But there was a vast Difference between the one and the other. In the L. Russell's Case there were only Discourses of the feasibleness of Seizing the Guards, but nothing was resolved on: And not one word was sworn to have been spoken by him. Whereas, here, a Messenger was agreed on, a Messenger was sent to invite over a French Army; which were plainly Over't Acts.

The last thing I shall take notice of is, the Delay used by Sir John, after his Apprehension; According to the Contents of the Letter to my Lady Mary (which was talk'd of in Kent soon after 'twas written), very Sedulous Endeavours were used to have his Tryal postpon'd; That seem'd to be upon some Design, which he trusted to more then his Innocence. Goodman having been Apprehended, and Evidence having been given by him against Sir John Fenwick before a Justice of Peace, the Grand Jury; and Petty Jury, upon the Tryal of Mr. Peter Cooke, who was Condemned upon that Evidence: They saw that what was sufficient to Convict Mr. Cooke was sufficient to Convict Sir John; the Evidence being as strong against the one as the other.

Now what Course could be taken? One was a Pretence to make a Discovery, and to get time by sending a Letter over Sea to the King; in which ('tis said) he informed against several, both Lords and Commons, only upon Hear-say: In the mean while saying little that, after the Act of Grace, could touch his own Party, tho it might be presumed he knew more of them then others.

Another Artifice (and which all this Train seemed to lead to) was to prevail with one of the Witnesses to withdraw. Porter was first tryed; but he was not to be dealt with (as they perceiv'd): No Money would buy him off, nor was he to be wheedled, or frighted.

[Page 20]

But at length, by some Means (and what they were, we may guess by their Attempt upon Porter); Goodman went out of the way.

Which being effected, Sir John was safe (since the late Act requires two present Witnesses) for without a Bill of Attainder it was impossible he could fall under the Sentence of Death, as he sayeth in his Last Paper.

This was a more effectual Course then to get Two or Three who could starve the rest of the Jury: So he gives Direction in his Letter to my Lady Mary, if my Memory does not extreamly fail me; adding, That or nothing can save me.

This, Sir John depended so much upon, that, upon Goodman's Absconding, he let fall his Pretences of making a Discovery for the present.

But this Bill having passed the Commons, was brought up to the Lords; where after a full and long Debate, and before the Third Reading, Sir John was askt what he had to say; he desired (as I was informed) three Things.

1. That (according to what had been at first promised by the Lords) what He should say in that Court might not be made use of against him in any Inferiour Court; and also that he might have an Assurance of it from the King (for so he all along called him, tho the Paper-writer gives Him no other Title then Prince of Orange)

2. That he might have a Pardon before he Confessed.

3. That he might not be made use of as an Evidence after it.

The King was Petitioned by the Lord for the First, and it was granted.

The Second (it seems) was thought unreasonable; but yet (as I have heard) so far complyed with, that he was told, If he made such a Confession as would be satisfactory to that House, they would therein also intercede with the King; and bid him rest assured that they did not then doubt of the King's Favour, as to both the Last.

But he did not think himself Secure, as he said, and so the Bill passed.

[Page 21]

Thus I have given you, in as few Words as I could, the summe of this long Evidence: What remains but to consider the Circumstances relating to it, so far as I was enabled to learn.

One main part of which was a Petition delivered by the Lords, at the Lady Mary's Request to the King, for a Suspension of the Execution for eight Days to which the Narrative was annexed, signifying that when time was he had saved the King's Life; and besides it was alledged that he wanted the Assistance of a Divine. The Former was of no force, for this Act (which he now challengeth to himself the benefit of) was a Year before the last intended Assassination, and the Assassines were such as he freely and intimately Conversed with afterward; and yet he gave no Notice of it to the King nor to any one else that I could hear of; which if he had, Sir John would most certainly have made use of this Pretence in the Paper delivered to the Lords, and at his Death have justified himself upon it. The Neglect of which before, and the Omission of it afterwards, gave too great reason to suspect that it might be with him as it was with Lowick and Rockwood, who abhorred the Fact, but thought themselves however obliged, contrary even to their own Sense, to obey Orders; ( Vid. Rockwood's Tryal, pag. 52.) according to the Commission which Crosby assured them he saw Signed by King James at St. Germains, and was sent away for England before he came from thence.

So Knightly abominated the Thing as much as any Man Living; yet under some honourable and fair Pretence became so far engaged, that by a mistaken Notion of Honour he thought he could not retreat without the Infamy of Cowardise; to use his own Words which were read in Court, when he came to be tryed.

The latter Pretence is frivolous [That he had no Ministers,] for (I have been credibly informed) that he had first of all the offer made of any of the Clergy that had taken the Oaths; and among the Bishops, such as had dissented about the Bill of Attainder. And when that was not accepted, he had his choice of three or four Non-jurants; and by their Refusal had made it necessary to the Government to permit none at all, or the late Bi [Page 22] shop of Peterborough only; since the others that were Nonjurants refused to attend him; upon pretence that they might have the Oaths tendred them, and so stand convicted: A Pretence that Dr. White and all the Non-jurants were alike liable to: But surely when they might have had leave from the Government to go, they might as well rely on the Justice and Honour of the Government as live under the Protection of it.

I come now to the last part, which I promised, which is to make some Reflections upon the Paper which he delivered to the Sheriff.

Of what stamp this writing is we may easily judg. The Artificial Contrivance of it, the little Avoidances, and Cautions stuck in every where, shew that they are not the words of one that had no Talent in writing, nor the free and undisguised thoughts of one that was immediately to dye. He professes to dye in the Communion of the Church of England; but whether this Paper be consistent with the Simplicity and Candour taught and required by that Church, especially in our last Hours, let the Reader judg.

It doth not mightily concern the World to know what Religion Sir John Fenwick was of. I know no Perswasion over zealous to challenge him as theirs. I fear he was rather of a Party than of a Religion; and that was the Cause he died in. I acknowledg there was a Design of a Party to have made him a Martyr, as they had contrived it: If the Second Petition offer'd to the Lords had been received without Alterations, and when presented to the King, had been entirely complied with. If he had been respited for eight Days, according to the Petition, he had then suffered on the 30th of January, the Anniversary of a Noted Martyr of Blessed Memory; with whom he was not fit to be so much as named the same Day.

[Page 23]

Now I would know what is meant by the True and Lineal Course of Descent? If he means thereby the next in Blood without any Interruption, where is this always to be found? not in our Histories, nor in our Laws. Edward the Confessor (whose Cross was some years since so much reverenced by the late King, and who himself was esteemed a Guardian Saint) broke that Lineal Descent both in taking the Crown and leaving it at his Death; and whatever is due to the Blood, was never thought absolutely due to the Person, nor to the next in this Lineal Course of Descent.

Neither our Religion nor our Law teaches such a kind of Loyality. It is not our Religion but the Law that determines our Loyalty as to the particulars of it; and so far, such as our Law determines our Loyalty to be, such doth our Religion determine it. Now what Law is there to keep a Prince by violence from leaving his People? That requires us to support the Crown on him, that will hold it upon no other Terms, than that his Will and Pleasure may be above it? What Law that obliges us to adhere to and assist Him, that, contrary to our Oaths of Allegiance and Supremacy, as well as those at his own Coronation, will Subjugate his People to a Forreign Prelate or Potentate? And that would put himself wholly in the Power of such a Prince, whom above all in the World his People had no reason to expect Favour from? I know no such Law, nor any such Church of England that teaches such Loyalty, in any of those Books that are the Standard of it. And yet this is the Loyalty he (as he professes) dies Innocently for, and which he endeavoured to the utmost of his Power to support.

[Page 24]

But what is become of the other Meeting at Mrs. Montjoy's? that's perfectly dropp'd. And as for this at Leadenhall-street, that he cannot deny; nor doth he venture to call that part of the Evidence in question, which speaks to the Time or Persons, or the Matter then discoursed upon.

But what hath he then to say? He came not thither with any intention to invite King James by Force to invade this Nation. Was this sworn against him? It was not the intention before hand, but the Subject matter of the Discourse that was proved upon him; if there was nothing of that Kind, no Design formed, no Message or Messenger sent to invite King James, that is as soon denied as the Intention. But of that not a word.

But, however, he betakes himself to another Shift, viz. He was not himself provided with either Horse or Arms, or engaged for any number of Men. A very doubtful way of Expression. He was not himself provided; but what need was there of a present Provision, when the Service was to be at some Months distance? or what if he was not himself provided, if it was to be provided for him? What need of any such Provision, when (as it was confessed) they were upon the Instant to seize Horse and Arms when occasion should be. And so it was formerly in the Gunpowder-Treason.

He saith, he was not engaged for any number of Men; but was he not one of those that were to raise 2000 Men in the gross, and it was not necessary the Quota of each particular Person should at that Meeting be set out.

He goes on, Nor did I give particular Consent for any such Invasion; that is not so charg'd upon him. All rose up and said to Charnock, Yes you may. Whether it was general, or whether it was a particular Consent, is not the Point. The Consent it [Page 25] seems is not denyed; And then where the Perjury is we are yet to seek.

If this is true, it is evident the English were trusted with no more of the Secret than was absolutely necessary. It was found fit that the Assassination should lye upon them; it was a desperate piece of Service, and if those forlorn Wretches perish in it, let them perish.

But as to the Invasion, the when, and the whence, it was lodged with others, to whom the Profits and Advantages of a Conquest were reserved. It was sufficient that when these Conspirators heard the Thoulon Fleet was come to Brest, then upon this Signal, they were to be in readiness, and with the Horse they had or could seize, were to make their way as they could to the Coast, when they heard their Friends were landed. This, it seems, was the only Notion Sir John and the rest (I suppose with him) had of the Invasion; and he saith, he knew it not till it was publick.

This was what he himself did not believe when he talk'd of it long before (as one has affirm'd), but yet was pleased with it, because it would create Suspicions and Jealousies.

He acquaints us with another part of the Secret, that the Great Man, to whom he imparted it, could tell him the Prince of Orange had been acquainted with the most of this before. But what was it? Not that the Great Man knew of these Lords and [Page 26] Commons he accused, but of an Intelligence in general that passed between England and France.

As for his Expectation of Mercy from that Prince whose Life he pretended to have sav'd, it has been already consider'd.

Other Malefactors may as well accuse the Judges and Juries, and Courts of Justice for seeking their Life, when they are Convicted, Condemned, and to be Executed for their Crimes: But why doth he thus arraign those that were concern'd in the Bill? Was he indeed Innocent? Was no Treason proved upon him? This he saith, and saith it when he comes to die. And yet if we believe, not the Evidence of others only, but himself, it is plainly otherwise. What was the meaning of his Confusion in his Letter to his Lady?

What becomes of his Privity to the first Design of the Assassination which he did not discover? What of his Offers to confess again and again? What of his owning the Meeting, the Design, &c. How then is he Innocent? No, saith he, no Treason being prov'd upon me. Was there no Treason in inviting a Forreign Force? no Treason in joyning with it? no Treason in holding a Correspondence with the greatest Enemies of the Government and Nation? The matter of Fact was too plain to be denied? And it was of that Nature which in the ordinary construction of the Law is Treason.

Here then was Guilt, here was Treason. And how then can there be Innocent Blood, and of that Malignity as to lie upon the Nation?

Why Impossible? Might he not expect as much Justice from both Houses of Parliament, as from the Ministers of Justice, and the Juries, in the Inferiour Courts? Had he not the Privilege of being heard by his Counsel, and the Favour of all that could be said in his behalf by those Noble and Worthy Persons that in both Houses were against the Bill? Was he not himself heard and re-heard to the very utmost, and had all the Advantages allowed that one that stood thus accused could, and more then he could reasonably, expect? Why was it then Impossible? The reason is evident, because the other Witness was withdrawn; and according to the late Act, one, in the ordinary Course of Law being not sufficient, how clear soever the proof otherwise was; therefore without the Bill of Attainder it was Impossible. And thus we see at last upon what point his profession of Innocency turns, and that he dies with the charge of guilt of his Innocent Blood upon the Nation; and that is, because of the Attainder: and then all Attainders must be condemned; and if so, he is Innocent; but if that Course of Law is to be justified, as surely it is, (and has been before shewed) then he is guilty, and the Treason clearly and sufficiently proved upon him. So that upon the Whole, there is little else then Reservation and Equivocation; the Defence of which we leave to another Church, for that belongs not to the Church he professes to dye a Member of.

He concludes with a Prayer; but it is too, a fixing upon himself the Fact he stood charged with and died for; it is for the Abdicated King, and the Spurious Prince; that is, for the maintaining of that Cause, which, he saith, he endeavoured to his utmost Power to promote.

Upon the Whole, it appears by his and his Friends Conduct, as well as by his Treasonable Practises, he had made it necessary to the Government to let the Sentence take effect. It was the Clemency of the Government that has emboldned the Enemies of it to proceed the more confidently in these Practises; and at length to conclude, that because it did not, that it therefore durst not punish them.

The End.

THE Argument, &c.

THE Plaintiff brings an Action upon the Case in Banco Regis against the Defendant, late Sheriff of Suffolk, setting forth, that a Writ issued for Choosing of a Knight for that County to serve in the then Parliament instead of Sir Henry North, deceased, That at the next County Court the Freeholders proceeded to an Election; and altho' the Plaintiff was duly chosen ‘ per majorem numerum Gentium tunc resident. infra dictum Comitatum, quorum; tunc quilibet expendere potuit 40s. lib. Tenement. & ultra per Annum infra Comitat' illum, ac licet prædictus. Willielmus premissa satis sciens postea Breve. prædict. in Cur' Cancellar' retornavit, simul cum quadam Indentura int' ipsum Vicecomitum & prædict. Electores ipsius Samuelis de prædicta Electione ipsius Samuelis fact' sec' exigentiam Brevis prædict. Prædict. tamen Willielmus ad hunc Vicecomes Officii sui debitum minime ponderans, sed Machinans & Malitiose intendens ipsum Samuelem in hac parte minus rite per prægravare & eundem Samuelem de fiducia unius Mil. Com' prædict. in dict. Parliamento exercend' omino frustrare & deprivare, & prædict Samuelem ad diversas magnas & grandes Pecun' Summas expendend' causare contra Debitum Officii sui prædict. Falso, Malitiose & Deceptive ad tunc in eadem Cancellar. apud Westm. prædict. retornavit una cum Indentura præd. quandam al' Indentur' eidem Brevi scilicet annex. specificans illam forefact int' præfat Willielm' &c. ex una parte & diversas al' personas dict' Comitat' in Indentur' ill' specificat' & content' qd. dict. al' personæ & Major pars totius Com' præd. in præd. pleno Comitat' elegerunt quendam Lionellum Tallmash Bar al' dict. Dom. Huntingtowr in Regno Scotiæ. Henrici North un' Mil. Com. Suff. prædict. pro Parliament. prædict. adveniend. eidem Parliamento pro Com. illo. Ubi revera prædictus Lionellus non fuit Electus per Majorem partem prout per ult. Indentur' falso supponitur Ratione cujus quidem falsi retorn. de prædict. al Indentur' &c. idem Samuel. in domum inferiorem pro Communitat. hujus Regni Angl. &c. Assemblat. admitt' non potuit, quousq; idem Samuel. per Petitionem suam Communitat. dict. Parliamenti pro remedio congruo exhibit. & post diversas ingentes denar' Summas in & citra manifestationem & verificationem dict. Electionis coram dict. communitat. expendit. & diversos labores in ea parte sustent. postea scil. &c. communitat. in domum communit. prædict. admissus fuit & Elect. ipsius Samuel per communitat. declarat. fuit fore bona unde deteriorat, est & damn. habet. ad valen. 3000l. ’

[Page 4]

There is a Verdict for the Plaintiff, and Damages found to the value of 800l. and Judgment thereupon, and a Writ of Error is brought to Reverse that Judgment.

I have but little Time left to say what I have to offer, it being very Late; and yet I must desire leave to produce those Reasons, I have in Maintenance of my Opinion; I will be careful not to detain you longer than will be necessary.

And therefore I will not trouble you with Stating the Case again, nor will I speak of any Exceptions that have been made to the Declaration, for I love not the Niceties of the Law in Cases where they do prevail; And in this Case I have only considered the Foundations of the Action; which if I had found well established upon Reason, or the Grounds of the Law, I would have examined what has been objected to the Forms of Declarations, which must have brought great Weight to have over-turn'd these Proceedings.

But as to the Point of the Action, upon the most serious Consideration I would have of it, and weighing what hath been before now, and also at this time, said in support of it; I am of Opinion that the Judgment ought to be Reversed; for that no such Action as this, at Bar, does lye by the Common-Law

Because this is a Cause of considerable Value, great Damages being Recovered; because it is a Judgment of great Authority, being upon a Cause Tryed at the King's-Bench-Bar, and given upon Deliberation there; because it is a Case of an extraordinary Nature, and of great Import, each Party pretending Benefit to the Parliament; because it is an Action Primæ Impressionis, that never was before Adjudged, the Report of which will be listned after; I have taken Pains to collect and set down the Reasons, that I must go upon in determining this Case; that as the Judgment had the Countenance of some Deliberation in the Court where it was given; so the Reversal being with greater Deliberation, may appear grounded upon Reasons that ought to prevail.

I can say with my Brother Wyndham, that I love rather to affirm Judgments, then to reverse them; but I can attribute nothing of Authority to the Judgment, tho' it were given in a Superior Court, and upon Deliberation. I must Judge of it as if the Case came to be Judg'd originally by me: The Argument to support a Judgment from the Authority of it self, is, Exceptio ejusdem rei cujus petitur Dissolutio, which ought not to be admitted in Cases of Writs of Error. We are intrusted to Examine and Correct the Errors of that Court, and for that purpose we are made Superior to it; we must proceed according to our own Knowledge and Discretion, or else we do not perform the Trust Reposed in us.

I must needs say this is a Cause that imports it more then any Cause I have known to come before us, for it is a Cause Primæ Impressionis; and the Question is, whether by this Judgment a Change of the CommonLaw be introduced. It is the Principal Use of Writs of Error, and [Page 5] Appeals to hinder the Change of the Law; therefore do Writs of Error in our Law, and Appeals in the Civil Law, carry Judgments and Decrees to be Examin'd by Superior Courts until they come to the highest, who are entrusted that they will not change the Law.

Therefore do Writs of Error lye from Ireland, which is a Subordinate Kingdom to England, by whose Laws it is governed; that they might not be able to change the Law by their Judgments, and not so much for the particular Right of the Party.

For otherwise it wou'd be very easy for Judges by Construction and Interpretation to change even a Written Law, and it would be most easy for the Judges of the Common-Laws of England, which are not Written, but depend upon Usage to make a Change in them, especially if they may justify themselves by such a Rule as my Brother Atkyns lays down to support this Case; viz. That the Common-Law complies with the Genius of the Nation. I admit that the Laws are fitted to the Genius of the Nation; but bnt (sic) when that Genius Changes, the Parliament is only intrusted to Judge of it, and by changing the Law to make it suitable to it: But if Judges shall say it is Common-Law because it suits with the Genius of the Nation; they may take upon 'em to change the whole as well as any part of it, the Consequence whereof may easily be seen; I wish we had not found it by sad Experience.

If the Case at the Bar be a Change of the Law, it is happy it comes to be question'd in the first Instance; for if this Cause had been any way agreed and quieted, and a second Case of this Nature had been questioned, there wou'd have been a President urg'd, which cannot be spoke of here; for this Case hath no Fellow, there never having been the like Judgment before.

The Method I shall take in what I have to say shall be,

1st, To Remove some prejudice the Case is under.

2dly, Give my Reasons against the Action.

3dly, Weigh what hath been said to maintain the Action.

1st. The Case is under this Prejudice, That an Action of the Case lyes for false Returns of Sheriffs; and why should it not lye in this Case as well as any other.

To Remove this Prejudice I shall shew some material Differences betwixt the Nature of Ordinary Returns and this Return.

In Ordinary Returns the Party is Concluded, and absolutely without Remedy; for the Court must take the Return as the Sheriff makes it. In Ordinary Cases the Sheriff may, and frequently does, take Security of the Plaintiff, or the Sheriff hath means by Law to be Secure; as if he doubts the Property of the Goods, he may return upon a fieri facias, Nullus venit ad monstrandum bona. In some Cases he may for his safety, Impannel a Jury, as upon an Elegit , or he may Resort to the Court, and pray reasonable Time to prepare his Return, if the Matter be difficult; and hath other shelters, that if he be wary, will save him from Danger.

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But in this Case the Party is not Concluded, for upon a Petition to the Parliament, if they see it Just, they will cause the Return to be alter'd by the Clerk of the Crown, if the Sheriff be not in the Way; in this Case the Sheriff may not take Security, it were Criminal in him to make such a Return by Compact, nor can the Sheriff make a Fruitless Return, or obtain Delay to consult his Safety.

These Differences are of that Nature, that they change the Case in the Reason of it, as I shall hereafter make appear: And no Man can infer because an Action lyes for false Returns in Ordinary Cases; therefore it lyes in Case of a Return to Parliament, where the Sheriff is clearly upon Terms.

My Reasons against this Action are applicable to this Case, and make it different from all the Cases that have been put by my Brothers that Argued for the Action: I observe they Argued only upon Generals, without any other Application to this Case than by the Topick of concluding a Minori ad Majus, because Actions lay in Cases of Inferiour Nature, therefore it will lye in this; which Rules hold not in diverse Cases where there are particular Reasons to the contrary, as I shall by and by shew to be in this.

2dly, I shall give you my Reasons against this Action, which are as follow.

1st. My first Reason is this, because the Sheriff as to the declaring the Majority is Judge, and no Action will lye against a Judge; for what he does Judicially, tho' it should be laid Falso, Malitiose & Scienter, as appears in Co. 12 Rep. fol. 24. They who are intrusted to Judge, ought to be free from Vexation, that they may Determine without Fear; the Law requires Courage in a Judge, and therefore provides Security for the Support of that Courage. But,

1. Is the Sheriff a Judge in this Case? And

2. Is there the same Reason he should be freed from all Actions?

As to the First, it is of Necessity, that as to the declaring the Majority, he should be the Judge upon the Place, in other Cases in the County Court; the Free Suiters are the Judges, and he is the Minister: When we say the Free Suiters, we mean the Major part of them is to Judge; but when the Question is, which is the Major Part, they cannot Determine the Question; but of Necessity the Sheriff must determine that, the Nature of the thing speaks it.

Therefore it was held rightly in Letchmer's Case, 13 and 14 Car. 2. that as to the Election of Knights to the Parliament, the Court is properly the Sheriff's Court, and the Writ is in the nature of a special Commission, Elegi facias.

I know a Judge may have many Ministerial Acts Incumbent upon him, as the Chief Justices have to certifie Records upon Writs of Error; Therefore it is necessary for me to observe, that the Suit here is for what he does as a Judge, and not for any thing Ministerial that appears by the Averment, that the Sheriff annexed another Indenture, [Page 7] specifying to be made by the Major part of the Freeholders, and containing that the Lord Huntingtowr was Chosen, Ubi re vera, The Lord Huntingtowr was not Chosen by the Major part of the Freeholders. If it had been said ubi re vera , the Freeholders supposed to Seal the same, never did Seal the same, there had been a falsity in his Ministerial part of sending in the Indenture; but his sending Two Indentures, which were really Sealed by the Freeholders, as they import; wherein the Freeholders of each Indenture (and not the Sheriff) say that they are the Major part, is no falsity in his Ministerial part, but only defering to Judge between them, which is the Major part, or more properly judging that they are both equal in Number.

They Object that the Matter of this Question is not matter of Judgment, 'tis but counting the Poll, which requires Arithmetick, but not Judgment; but certainly if it be rightly consider'd, it will be thought this Question of Majority is not barely a Question of Fact, but a Question of Judgment, a Question of Difficult Judgment, there are so many Qualifications of Electors.

1. They must have 40s per Annum , there the Value must be judged.

2. It must be Freehold; there the Title

3. It must be their own; there colourable and fraudulent frandulent (sic) Gifts made many times on purpose to get Voices, must be Judged.

4. The Electors must be Resident; there the Settlement of the Party must be Determin'd.

5. There are many things that incapacitate Voices, as Bribery, Force, &c. and many other Questions arise, that are of such Difficulty, that in Debate of them, much time is spent in Parliament; and sometimes a Committee Determines one way, and the House another. Is not this then a Question that refers to Judgment?

They Object again, the Sheriff may give an Oath concerning all the Qualifications, and he is to look no further.

I Answer, The Statute has given the Sheriff Power to give an Oath in Assistance of him; but the Statute does not say that whosoever takes that Oath shall have a Voice: Neither does the Statute 23. H. 6. say that the Sheriffs shall not be charged with a False Return that pursues that way; so that altho' he may use those Means for his Direction, yet he must consider his own Safety, and not make a False Return; if a Man upon taking such an Oath, give the Sheriff a special Answer, or it should be known to the Sheriff he Swears False; the Sheriff must Determine according to his own Judgment, and not by what is Sworn.

It may hence be concluded that the Sheriff, as to declaring the Majority, is a Judge; and if so, my next Assertion is, That there is the same Reason he should be free from Actions, as any Judge in Westminster-Hall, or any other Judge. Does it not Import the Publick that the Sheriff should deal uprightly and impartially? Ought he not to have Courage, and for that End should not the Law provide him Security?

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Consider his Disadvantages, what a Noise and Crowd accompany such Elections; what Importunity, nay what Violence there is upon him from the Contesting Partys.

We may say no other Judge has more need of Courage and Resolution to manage himself, and Determine uprightly, than he. No other Judge Determines in a Case of greater Consequence to the Publick, or Difficulty than he; Expose him to such Actions, and in most Elections he must have Trouble; for commonly each Party is Confident of his Strength, his Conduct and his Friends; that let the Sheriff Return never so uprightly, the Party that is Rejected will Revenge it by such, especially if he may Sue at Common-Law, to have boundless Damages, without running any Hazard himself, but of the Loss of his Costs.

If we Judges that find our selves Secure from Actions, should not be tender of others, that are in the same Circumstances. It may well be said, Wo unto you, for you impose heavy Burthens upon others, but will not bear the least of them your Selves.

2. My Second Reason is, because it is alieni fori, either to examine the Right of the Election, or Behaviour of the Sheriff; both which are Incident, and indeed the only Considerations that can guide in the Tryal of such Causes, if they be allowed.

It is admitted that the Parliament is the only proper Judicature, to determine the Right of Election, and to censure the Behaviour of the Sheriff. How then can the Common-Law Try a Cause, that cannot Determine of those Things, without which the Cause cannot be Try'd?

No Action upon the Case will lie for Breach of the Trust, because the Determination of the Principal Thing, the Trust, does not belong to the Common-Law, but to the Court of Chancery: Certainly the Reason of the Case at Bar is Stronger, as the Parliament ought to have more Reverence than the Court of Chancery.

They Object that it may be Tryed after the Parliament hath Decided the Election; for then that which the Common-Law could not try is Determined, and the Parliament cannot give the Party the Costs he is put unto.

Then I perceive they wou'd have the Determination of the Parliament binding to the Sheriff in the Action, which it cannot be; for that is between other Parties to which the Sheriff is not call'd: It is against the Course of Law, that any Judgment, Decree or Proceeding betwixt other Parties should bind the Interest of, or any way Conclude a Third Person; no more ought it to do here, it may be easy for Parties combining to represent a Case so to the Parliament, that the Right of Election may appear either way as the Parties please. It is fit the Sheriff, who is not admitted to controvert such Determination, should be Concluded by it, in an Action brought against him to make him pay the Reckoning.

Did the Parliament believe, when then they Determined this Election, that they pass'd Sentence against the Sheriff, upon which he must pay [Page 9] 800l. Sure if they had imagin'd so they would, nay in Justice they ought to have heard his Defence before they Determin'd it?

And yet that was the Measure of this Case, the Sheriff was not heard in Parliament, indeed he was not blam'd there, and yet upon the Tryal which concern'd him so deeply, he was not allow'd to defend himself by any Majority or Equality of Voices, the Parliament having Determin'd the Election.

I do not by these Reflections Tax the Law of Injustice, or the Course of Parliament of Inconvenience; I am an Admirer of the Methods of both, it is from the Excellency of them I conclude this Proceeding in this new fangled Action, being Absurd, Unjust and Unreasonable, cannot be Legal.

To Answer the other Branch of this Objection, I say it does not follow; that because the Parliament cannot give Costs; therefore this new devised Action must lie to help the Party to them.

For then such an Action might as well lie in all Cases, where there is a Wrong to be Remedyed by Course of Law, and no Costs are given for it.

At the Common-Law no Costs were given in any Case, and many Cases remain at this Day where the Statutes have given no Costs, as in a Prohibition, Scire facias, and quare impedit , and divers other Cases; and yet no Action will lie to recover those Costs, and why should it lie in the Case at Bar?

In this Case the Parliament have already had it under their Consideration in the Statute 23. H. 6 and have appointed what shall be Paid by the Sheriff that offends, viz. 100l. to the Party, 100l. to the King, and Imprisonment; the Parliament have Stated what shall be paid for Compensation, and what for Punishment, and would have provided for Costs if they had thought fit.

3. My Third Reason is, because a Double Return is a lawful Means for the Sheriff to perform his Duty in doubtful Cases.

If this be so, then all Aggravations of Falso Malitiose & Scienter will not make the thing Actionable; for whatever a Man may do for his Safety cannot be the Ground of an Action.

There is sometimes Damnum absq; Injuria, tho' the thing be done on purpose to bring a Loss upon another, without any Design of Benefit to himself; as if a New House be Erected Contiguous to my Ground, I may Build any thing on purpose to blind the Lights of that New House, and no Action will accrue, tho' the Malice were never so great; much less will it lie where a Man acts for his own Safety.

If a Jury will find a Special Verdict; if a Judge will Advise and take time to Consider; if a Bishop will Delay a Patron, and Impannel a Jury to enquire of the Right of Patronage, you cannot bring an Action for these Delays, tho' you suppose it to be done Maliciously, and on purpose to put you to Charges; tho' you suppose it done Scienter, knowing the Law to be clear; for they take but the Liberty the Law has provided for their Safety, and there can be no Demonstration that [Page 10] they have not real Doubts, for they are within their own Breasts: It would be very Mischievous that a Man might not have leave to Doubt without so great Peril.

The Course of Parliament makes out the Ground of this Reason to be true in Fact, so that a Double Return is lawful when the Sheriff Doubts; for if the Parliament did not allow a Double Return in Doubtful Cases, they ought never to accept a Double Return: If it were in it self a void and unlawful Return, they ought not to endure it a Moment, but send for the Sheriff and compel him to make a single Return; but we see where there is Doubt, the Parliament sends not for the Sheriff before they have Examin'd the Case, and give particular Directions.

And it must of Necessity be the Course, for suppose the Voices are Equal; suppose the Election is Void for Force; Suppose the Sheriff Doubts upon the Validity of some Voices, shall he Transmit his Doubts, specially to the Parliament? Was there ever any such thing done? Was there ever any other way but to make a Double Return, and leave it fairly to the Decision of the Parliament?

It was said by my Brother Ellis, that if the Sheriff had Return'd in the Nature of a Special Verdict, the Special Matter, and had concluded in this manner, (viz.) If the Parliament shall Adjudge Sir Samuel Bernardiston to be Chosen, then he Returns him, and if the Parliament shall Adjudge the Lord Huntingtowr to be Chosen, then he Returns him, that such a Return as this had been Safe, and cou'd not have born an Action.

This is a pretty Invention found out for Argument sake, but methinks it Furnishes no Force at all to the Part for which it is brought, but rather shews the Right to be the other way; for let any Man of Reason say, whether a Double Return, as it is now used, be not the same thing in Consequence; Is not a Double Return as if the Sheriff should say to the Parliament (the Right of Election is between these Two, I am in Doubt which of them I shall Reject, and expect your Directions) this is the Import of a Double Return, and is the same in Effect, as if it had Concluded in a Special Verdict, and so my Brother Ellis's Instance should not be Actionable tho' he Concluded otherwise.

That other new fangled could not be receiv'd. For,

1. The Freeholders would never joyn in such a Return.

2. Such a Return is not capable of being Amended by the Sheriff.

But the Judgment of the Parliament must be Enter'd upon Record to make it any Return, it concluding nothing of it self, as a special Verdict concludes, till the Judgment of the Court be Enter'd upon the Roll.

3. The Parliament will not, as I believe, admit of new Devices in the Course of their Proceedings, whatever we do at Law.

But the Double Return is Practicable in the Country, for the Freeholders of each Part will Tender their Indentures; and it is easily Amended in Parliament by Rejecting the Indenture of those Freeholders that were not the Major Part, which way has been Practis'd in doubtful Cases for many years.

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So that I apprehend the Case at Bar to be more regular and favourable, than that Case which my Brother Ellis put as a Case that would not bear an Action.

Again; Suppose the Sheriff had inform'd the Parliament of his Doubts, and that he could not readily determine where the Majority was, but it was betwixt two Persons, A. and B. and thereupon desir'd their Favour either to grant him Time to Determine it, if they pleas'd to Command him so to do, or else, that they would Decide it themselves, and he would obey what Directions they should make in it, and thereupon the Parliament had taken upon themselves to determine it.

This most clearly had not been Actionable, for it is not Actionable to delay a Return, to any Court of Justice, where the Sheriff hath Leave from the Court so to do.

A double Return, in my Understanding speaks the same thing, to the Parliament, and upon it they may either direct the Sheriff to make a single Return, which is to cause him to decide it, or they may do it themselves.

And here I must needs reflect upon the second Reason I have against this Action, that the Matter of it is alieni fori; I find my self and my Brothers that Argued for the Action, engag'd in a Discourse of the nature of a double Return, and the Course of Parliament upon it, which, as a Judge I cannot so well speak to; I had the Honour to be of this House of Commons, and whilst I was there, I considered as well as I cou'd the Course of the Proceedings of the House, and am therefore able to speak something of them, and I am brought into this Discourse necessarily by this Action; But I must needs say it is an improper Discourse for Judges, for they know not what is the Course of Parliament, nor the Privilege of Parliament. When the Lords in Parliament, whom they are bound to assist with their Advice, ask the Juges any thing concerning the Course or privilege of Parliament, they have answer'd, that they know them not, nor can advise concerning them.

If in Parliament we do not know nor can advise concerning these things, How can we judge people upon them out of Parliament, we ought to know before we judge, and therefore we cannot judge of things we cannot know.

Our being engag'd in a Discourse improper for Judges, shews the Action to be improper, as much as any other Argument that can be made, and this Argument arises from my Brothers that argued for the Action.

But now I am in this Discourse, I must go a little farther; My Observation from the Course of Parliament has been, that they will not permit the Sheriff to delay his Return, to deliberate, and he cannot take Security of either Party; and if a single Return be not justified by the Committee of Elections, he is danger of the Statute of 23. H. 6.

It follows that there is no ways for an innocent Sheriff to be safe, where he conceives Doubt, but in making a double Return, and if that should be Actionable too, the Service of the Parliament would be the most ungrateful Service in the World.

It seems ridiculous to me that it should be objected, that this Course [Page 12] of Law is necessary to prevent the great Mischief arising from double Returns, when, as if it be a Mischief, or dislik'd by the Parliament, either in General or any Particular Case; they may Reject them when they please, and Command the Sheriff to make a Single Return; so they may Remedy it by their Practice, without their Legislative Power.

Their Practice hitherto hath been to receive Double Returns, which therefore in some Cases must be lawful, and in this very Case the Double Return was accepted, and the Sheriff no way Punish'd for it; which he ought to have been, if he had been Blameable.

If Double Returns are accepted by Parliament, they are allow'd, and we must say they are lawful, which is the Ground of my Third Reason; for which I hold this Action not Maintainable,

4. My Fourth Reason is, That there is no Legal Damages occasion'd by the Sheriff. The Damages laid in the Declaration are,

1. Being kept from Sitting in the House.

2. The Pains and Charges he was put unto to get his Admittance into the House.

1. That of his being kept from Siting in the House, is as much every Man's Damage in the whole County, nay in the whole Kingdom; and any Man else might as well have an Action for it as the Member Chosen.

To Sit in Parliament is a Service in the Member, for the Benefit of the King and Kingdom; and not for the Profit of the Member.

It is a Rule in Law, that no particular Man may bring an Action for a Nusance to the King's High-way; because all the Men in England might as well have Actions which would be Infinite; and therefore such an Offence is Punishable only by Indictment, except there be Special Loss occasion'd by that Nusance.

For the same Reason, the Exclusion of a Member from the House being as much Damage to all Men in England as to himself: He nor any Man else can have an Action for it, but it is punishable upon the Publick Score, and not otherwise.

For this Reason was the Statute 23. H. 6. wisely consider'd, by that Statute the Action is not given to the Party for his particular Damage; but the Action given is a Popular Action, only the Party Griev'd hath a Preference for Six Months; but if he do not Sue in that time, every Man else is at Liberty to recover the same Sum.

2. The other Point of Damage is the Pains and Charges he was put unto, and that is not occasion'd by the Sheriff, but by the Deliberation of the House. Why should the Sheriff Pay for that? It may be if the Parliament had sent for the Sheriff the first Day, and blam'd the Double Return, he would have ventur'd to Determine the Matter speedily, and there should have been no Cause of Complaint for Delay; but the Parliament saw so much Cause of Doubt, that they think it not fit to put the Sheriff to Determine, but to resolve to examine the Matter, and give him Directions that may guide him in mending his Return; thereupon they give a Day to the Parties on both Sides, and finding the Matter of long Examination, and withal Difficult, they Deliberate upon it.

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It seems very unreasonable the Sheriff should be made Pay for this, which he did not occasion; but was a Course taken by the Parliament for their own Satisfaction, who found no fault in the Sheriff for putting them to all that Trouble.

Suppose Sir Samuel Barnardiston had been Return'd alone, and the Lord Huntingtowr had Petitioned against that Return, there had been the same Charge to have defended that Return; so that it was the Contest of the opposite Party that occasioned the Charge, the Deliberation of the Parliament that occasion'd the Delay; but neither of them can be imputed to the Sheriff.

I cannot difference this Case from the Case of bringing an Action against a Jury, for maliciously, knowingly, and on purpose to put the Party to Charges, finding a Matter specially whereby great Delay and great Expences were, before the Party could obtain Judgment; and yet I think no Man will affirm that an Action will lie in this Case.

In this Case the Damages are found Entire, so that if both Parts, viz. the not Sitting in the House, and the Pains and Charges are not Actionable Causes of Damages; it will be Intended the Jury gave for both, and so the Judgment is for that Cause Erroneous.

I suppose the Wages of Parliament will not be mention'd for Damages, for in most Places they are only Imaginary, being not Demanded; but if there were to be any Consideration of them, it will not alter this Case; for upon this Return they are due as from the First Day, and so no Damage can be pretended upon that Score.

5. My Fifth Reason is drawn from the Statute of 23. H. 6. which has been so often mention'd; that Statute is a great Evidence to me, that no Action lay by the Common-Law against a Sheriff, for a False Return of a Writ of Election to the Parliament; and this Evidence is much strengthned by the Observation that hath been made, that never any Action was brought otherwise than upon that Statute.

I must admit, that if an Action lay by the Common-Law, this Statute hath not taken it away, for there are no Negative Words in the Statute; but it is not likely the Parliament would have made that Law, if there had been any Remedy for the Party before.

The Statute observes that some Laws had been made before for preventing False Returns, but there was not convenient Remedy for the Party griev'd, and therefore gives him an Action for 100l. If the Courts of Justice had by the Common-Laws Jurisdiction to examine Misdemeanors concerning the Returns of Sheriffs to the Parliament: What needed the Parliament to be so Elaborate to provide Law after Law, to give them Power therein, and at last to the Griev'd an Action? Can any Man imagine but that the Parliament took the Law to be that the Party was without Remedy? I know Preambles of Acts of Parliament are not always Gospel, but it becomes us, I am sure, to have Respect to them, and not to impute any Falsity or Failing to them, especially where constant Usage speaks for them.

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It has been Objected that in those Times it was Reckon'd a Damage, to be Return'd to serve in Parliament, which is the Reason that no Man then did bring his Action against the Sheriffs for Returning another in his stead. This cannot be true, for the Statute calls him the Party Griev'd, and is Elaborate in providing Convenient Remedy for him; and we see by the many Statutes about those Times, that it was Mischief very frequent, and there wanted no Occasion for those Actions; which does extreamly strengthen the Argument of the Non-User of this pretended Common-Law.

An Action upon the Case, where it may be brought, is a Plaister that fits its self for all Times and all Sores; and if such an Action might then have been brought, there was no need for the Parliament to provide a Convenient Remedy.

By Littleton's Rule, often mention'd by my Brothers, we may conclude this Action will not lie; for if such an Action had lain, it would have been brought before this time.

In the Case of Buckley against Rice Thomas, in Plowden's Commentaries, 118, which appears to be so elaborately Argued both at Bar and Bench; if this Common-Law had been thought upon, they might have prevented the Question, whether the Sheriffs of Wales were bound by the Statute 23. H. 6?

It seems plain to me that the Makers of the said Statute were Ignorant of this Common-Law, and yet my Brother Thurland observes the Judges in those Times, usually assisted in the Penning of the Laws.

The Judges and Councel in the time of Buckley's Case, were ignorant of this Common-Law, else it would have been mention'd in the Argument of that Case.

This Common-Law was never Reveal'd, that I find, until a Time there were divers other orher (sic) New Lights: I mean these Times, when Nevil brought an Action for a False Return Reeurn (sic) against Stroud, during the late Troubles; but in those Times it could never obtain Judgment. I have heard that the Court of Common-Pleas sent the Record to the Parliament, as a Case too Difficult for the Courts of Common-Law to Determine.

The Statute of 23. H. 6. is not only Evidence that no such Action lay at the Common-Law; but in my Opinion is not consistent with any Remedy at the Common-Law, unless it be allow'd that the Party shall be doubly Punished,

If the Party Griev'd has brought his Action upon the Statute and recovered, it was admitted by the Councel, that no Action can be brought at the Common-Law, nor E' Contra can he Recover by the Statute, after he has Recovered by the Common-Law, because Nemo bis punitur pro eodem delicto .

So far it stands well, but suppose the Party Grieved has let slip his time of Three Months, and then a Third Person bring a Popular Action, and Recovers 100l. upon the Statute, there is nothing can barr the Party Grieved from his Action at the Common-Law, for his Sitting still will not Conclude him; no Statute of Limitations extending to this Case, [Page 15] and if it be so, then must the Party, besides his Fine and Imprisonment, be doubly punished by this Statute; which was made as the Letter of it Imports, because there wanted Convenient Remedy.

And now I am Discoursing of this Statute, I must observe the great Wisdom of the Course of Parliament in these Cases, which hath in great Measure prevented the bringing Actions against Sheriffs, even upon this Statute.

Where the Sheriff mistakes the Person in his Return, he incurrs the Penalty of 23, H. 6. tho' it be without any Malice; and it may happen that were 21 Electors, and 20 of the other; the Sheriff Returns him that hath 21, and the Parliament adjudging an Incapacity of 2 of the 21, may Determine that he that had the 20 Voices was duly Chosen; in such Case the Sheriff hath made a False Return within the Penalty of the Statute 23. H. 6. and no Evidence shall be given against the Determination of the Parliament.

This was a very hard Case for the Sheriff, and if we were lyable to such a Mischief, many a past Sheriff might be awaken'd that takes himself to be secure.

But the Course of Parliament prevents this as it is Reason, for immediately upon their Determination, they send for the Sheriff, and cause him to amend his Return; and thence forward the amended Return is the Sheriffs Return, and there is no Record that can Warrant any Action to be brought for a False Return: As when the Marshal of the King's-Bench or Warden of the Fleet have made an Improvident Return, omitting some Causes wherewith the Prisoner stood Charg'd in their Custody, whereby they became lyable to Action; they frequently move the Court to amend the Return, and when the Return is Amended, all is set Right, for there is no Averring against a Record: In like manner, when the Sheriff hath Amended his Return, he is secure from any Action upon that Occasion.

By this means there has of late years been no recovery upon the Statute, because all Persons choose rather to compel the Sheriff to amend his Return, that they might be admitted to sit in the House, than to take their Remedy upon the Statute, and no man can recover upon the Statute first, and have afterwards their Return amended, for I have been told, that by the Course of Parliament, unless the Petition be lodg'd within in some few days after the Return, it cannot be received afterwards. So that a Man cannot upon that Statute have Remedy at Law, and also in Parliament which seems to be wisely provided to prevent any Contrariety of Determinations.

This Statute of 23. H. 6. furnish'd those that Argued for this Action with one Argument, which doth now vanish; they said that all the Inconveniencies that could be objected to this Action, were the same upon the Statute of 23. H. 6. viz. That upon that Statute the Right Election must be examin'd upon a Tryal, where there might be a Contrariety of Determinations; for it appears by what I have said, that there can be no Contrariety of Determinations.

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And there are other Inconveniences in the Remedy by the CommonLaw, which are not in the Remedy given by the Statute, the Sum to be recover'd is Limited, the Informer hath a time prefix'd, so that there are Bounds set which cannot be exceeded; but the Remedy by the Common-Law is without Limitation of Time, which is Considerable; for all Sheriffs that ever made any Return, otherwise than the Parliament Determin'd, will be lyable during their whole Lives, to them that will call them to Account for it; I say this is without Limitation of Time, without Measure of Damages, or any Rules contain'd in a Written Law; it depends upon a general Notion of Remedy, which may be enlarged by Construction, as it is now introduced without President.

To finish my Observation upon this Statute? I say it is great Wisdom in the Parliament to call the Sheriff to Amend the Return, and to prevent any Remedy upon the Statute 23. H. 6. for I do not see that the Rules of Law, concerning Elections, are so manifestly clear and known that it is fit that the Sheriff should upon all Returns that are Corrected by the Parliament, pay the Reckoning of the Contest.

6. I have a sixth Reason against this Action, which is because the Sheriff is not admitted to take Security to save him harmless in such Cases, I take this Reason to be Instar Omnium, and there needs no other in the Case.

It were the most unreasonable and grievous thing in the World, that the Sheriffs should be bound to Act without any Deliberation, and not to be allow'd to take any Security, and yet be liable to an Action which way soever he takes, there is no Course can avoid it, but this of a Double Return, as I have before shewn.

It has not been said, by any that Argued the other way, That the Sheriff may take Security; and, I suppose, will not be said, for it would be a dangerous Course for Parliaments, for then the most Litigious Man must be Return'd, and not he which is truly Chosen.

If the Sheriff may not take Security, the Law must be his Security. It was an Argument us'd by my Brother Ellis, That because the Law imposes an Officer, to wit, the Sheriff, there the Law must give the Party an Action against that Officer, if he Misdemean himself, the Argument does not hold Universally, for the Law imposes a Judge, and yet no Action lies against him; but the Reason of that Argument, if turn'd the other way, is Irrefragable, as thus: The Law will not suffer the Sheriff to take a Security, therefore the Law must be his Security, else it were a most unreasonable Law; this Reason of it self is sufficient to bear the whole Case, for no Case can be put in our Law where a Man is compell'd to Judge without Deliberation; he cannot take Security, and yet shall be lyable to an Action.

I have two more Reasons to add, upon which I lay great Weight, tho' they depend not upon any Particular Circumstances of this Case, but the general Consideration of it.

1. That it is a New Invention.

2. That it Relates to the Parliament.

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I. As it is a New Invention it ought to be Examin'd very strictly, and have no Allowance of Favour at the End, and it will have the same Fortune that many other Novelties heretofore attempted in our Law, have had.

Actions upon the Case have sometimes been revived in new Cases, where it stands with the Rules of Law, and no Inconvenience appears, but they have been more often Rejected: I shall Instance some Cases that have been Rejected, because it will be Manifest by them, that all the Arguments and Positions laid down by my Brothers that would support the Action, are as well applicable to several Cases that have been already rejected, as to the Case at Bar.

An Action upon the Case was brought against a Grand Jury-Man, for falsly and maliciously conspiring to Indite another, and adjudged it would not lie.

Against a Witness for Testifying falsly and maliciously.

Against a Judge for Acting falsly and maliciously, but Adjudged that no Action wou'd lie in those Cases.

These Three Instances are applicable to every Argument urg'd for this Action: The Arguments my Brothers made in depressing Falsity and Malice, those which they made from the Comparison of other Actions upon the Case of Minore ad Majus; the Argument that because the Law Imposes the Officer, it will punish the Malice, has the same Force in the Case of a Judge, Indictor or Witness, and yet my Brothers admit in those Cases an Action will not lie, which shews the Invalidity of those Arguments.

Now I shall give other Instances, where Actions upon the Case have been Rejected for Novelty, and Reasons of Inconvenience.

An action of the Case was brought against the Lord of a Mannor for not admitting a Copy-holder, and it was adjudg'd it would not lie. Cro. Jac. 368.

There was a Verdict found, and Damages given by the Jury in that Case, the Lord is compellable in Chancery to admit a Copy-holder, and what harm would it have been, if there might have been a remedy given by the common Law, there being a Custom broken, by which the Lord was bound. The Reasons of the Book are, because it was a Novelty, and it would be vexatious, if every Copy-holder should have an Action against the Lord, when he refused to admit him upon his own Terms.

It has been adjudged that an Action upon the Case will not lie for the Breach of a Trust, because the Common Law cannot try what a Trust is; but if such Actions were allow'd, the Law might declare that to be a Trust, which the Court of Chancery, which properly Judges of Trusts, might say is none; and where the Common Law cannot examine the Principal Matter, the Damages that were but dependant upon it shall not be regarded.

Anthony Maddison brought an Action against Skipwith, for maliciously killing Sir Tho. Wortley, the Case was thus; The Plaintiff was a young Lawyer that had expended all his Gains in the Purchase of a Rent that was determinable, upon the Death of Sir Tho. Wortley; Skipwith quarrell'd with Sir Thomas Wortley about a Mistress, and kill'd him, whereby Maddison lost his Rent; it was held the Action would not lie, tho' it were laid to be done maliciously, on purpose to determine the Plaintiffs Rent.

I observ'd in that Case, that altho' Mr. Maddison knew very well that there [Page 18] was a Mistress in the Case, and that the Rent was not aim'd at; yet he would fain try his Fortune Fortnne (sic) in the Suit, thinking, that a Jury perhaps out of Compassion to him, or to discourage the like Facts, might make the Manslayer pay him for his Loss: But the Judges would not suffer it to go on, it being a meer Device and a new fangled Action.

It hath been held that an Action will not lie against a Parson for Suing for Tythes in Kind, knowing that there was a Modus, because it might then be perilous for any Parson to insist upon his Right.

It was held by the Court of Common-Pleas, that no Action will lie for suing an Attorney, knowing in another Court against his Privilege; for his Means to enjoy his privilege is to claim it by Writ of Privilege; and he is not bound to claim his Privilege, nor can his Adversary know he will claim it.

An Action was lately brought in the Kings-Bench (as I have heard) for delaying a Post-Letter maliciously, whereby the Plaintiff wanted Intelligence that might have been of great Advantage to him. The Court discountenanc'd the Action, so that it proceeded no further. It was then said (as I heard) to this effect, That if such Presidents were admitted, there could hardly be any Dealing or Correspondence but might be matter of Actions at Law; and altho' the Case depended upon proof of particular Malice, and the Defendant will be acquitted if his Case be not odious; yet we must consider there, that there is both Charge and Vexation of Mind, that attends the Defence of a just Cause, and we must not subject Men for all their Actions to such Trouble and Hazard.

These Instances shew, that altho' an Action upon the Case be esteemed a Catholition, yet when Actions have been apply'd to new Cases, they have always been strictly examin'd, and upon Considerations of Justice or Inconvenience they have been many times rejected.

For, tho' the Law advances Remedies, as my Brothers observed, yet it is with Consideration, that Vexation be not more advanced than Remedy.

It is my Opinion that no new Device ever was or can be introduced into the Law, but Absurdities and Difficulties arise upon it, which were not foreseen, which makes me Jealous of admitting Novelties. But,

2. In Matters relating to the Parliament (which is my second ground) there is no need of introducing Novelties, for the Parliament can provide new Laws to answer any Mischief that arise, and it ought to be left to them to do it.

Especially in a Case of this Nature concerning Elections which the Parliament have already taken care of, and prescrib'd Remedies by the several Statutes that have been made concerning them, I say, in such a Case, there is little need to strain the Law.

The Judges in all times have been tender of meddling with Matters relateing to Parliament. I do not find that ever they try'd Elections, but where Statutes give them express Power; or that they ever examin'd the Behaviour of a Sheriff, or any Officer of the Parliament, but upon those Statutes; and in Brounker's Case, Dyer, 168, the Statute was their Rule in the Star-Chamber, and they inflicted the same Punishment that is appointed by that Statute.

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If we shall allow general Cases (as an Action upon the Case is) to be apply'd to Cases relating to the Parliament, we shall at last invade Privileges of Parliament, and that great Privilege of judging of their own Privileges.

Suppose an Action should be brought in time of Prorogation against a Member of Parliament, for that he falsly and maliciously did exhibit a Complaint of Breach of privilege to the Parliament, whereby the Party was sent for in Custody, and lost his Liberty, and was put to great Charges to acquit himself, and was acquitted by the Parliament.

If upon such a Case the Jury should find the Defendant guilty, Why should not that Action be maintain'd as well as this at Bar? It may be said for that Action, that the Judgment of the Parliament is follow'd; and the privilege is not try'd at Law, but determin'd. 1. In the House. 2dly, It may be said the Party has no other way to recover his Charges.

It should be dangerous to admit such an Action, for then there would be peril in claiming Privilege; for if the Party complain'd of, had the Fortune to be acquitted by the House, the Member that made the Complaint would be at the Mercy of the Jury, as to the point of Malice and Quantity of Damages. Such a President I suppose wou'd not please the Parliament, and yet it may with more Justice be the second Case, than this at the Bar the first.

Actions may be brought for giving Parliament Protections wrongfully. Actions may be brought against the Clerk of the Parliament, Serjeant at Armes, and Speaker, for ought I know, for Executing their Offices amiss with Averments of Malice and Damage; and must Judges and Juries determine what they ought to do by their Officers? This is in effect prescribing Rules to the Parliament for them to act by.

It cannot be seen whither we shall be drawn, if we meddle with Matters of Parliament in Actions at Law. Therefore in my Judgment the only safety is in those Bounds that are warranted by Acts of Parliament or constant Practice.

Suppose this Action had been brought before the Election had been decided in the House, and the Jury had found one Way, and the Parliament had Determin'd contrary, how Inconsistent had this been?

But it was said in the King's-Bench, that the Court would not try it before the Parliament had Determin'd the Election, and then that cannot be Contested, but the Judgment of the Parliament must be follow'd; and my Brother Ellis but now said, Surely no Man will be so Indiscreet as to bring such an Action before the Parliament hath Determin'd it, and the Court will not Try it before such time as the Election be Determin'd in a proper Way.

In my Opinion this was not rightly consider'd, for how can the Court stay any Suit to expect the Determination of the Parliament? And what Reason or Justice is there, who is no Party call'd to answer in the Parliament should be concluded in any thing by a Judgment between other Parties, to defend himself from a Demand of Damages in a Court of Law, where Witnesses are not Examin'd upon Oath, which they cannot be in the Commons House?

There is no Reason the Suit of Law should stay till the House have Determin'd the Election, if the Determination of the House be not Conclusive in that Suit.

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And for the Discretion of the Parties that are like to bring such Actions I cannot depend upon it; for I see in this Age, some Men will insist upon their private Rights, to the hindrance of Publick Affairs of higher Consequence than any that come before the Courts in Westminster-Hall.

It may be there will not want Men that will press us to Judge in such Cases, and not only before the Parliament have Determin'd, but against what the Parliament have Determin'd; and will tell us that the Sheriff was no Party, that Witnesses were not there Examin'd upon Oath, and produce Arguments from Antiquity which we shall be loath to Judge of.

I can see no other way to avoid Consequences derogatory to the Honour of the Parliament, but to reject the Action; and all others that shall relate either to the Proceedings or Privilege of Parliament, as our Predecessors have done.

For if we shall admit general Remedies in Matters relating to the Parliament, we must set bounds how far they shall go, which is a dangerous Province, for if we Err, Privilege of Parliament will be invaded, which we ought not any way to endamage.

This I speak of general Remedies: Now I will consider this particular Case, which in my Opinion, would bring Danger and Dishonour to the Parliament.

It is Dishonourable to the Parliament that there should be not Protection in their Service; I have shewn that the Sheriff can be safe in no Case, if he shall be Sued in such a Case as this: And can there be a greater Reproach than that there is no safety in their Service? No body can serve them cheerfully and willingly at that Rate.

It has been objected that the Sheriff is not their Officer, but is the Officer of the Court of Chancery, which sends forth the Writs and receives the Returns. The Argument is plausible, but will not pass in the Parliament; for they say the Court of Chancery is the Repository for their Writs, but will not allow them to Issue without Warrant from the House: They will not suffer the Court of Chancery to meddle with the Returns or the Sheriff. The Parliament sends immediate Order to the Sheriff, if the Return be too slow, they direct the Sheriff to Amend his Return, and they punish the Sheriff where they find him faulty; so that it appears they exercise an immediate Jurisdiction over the Sheriff. And I suppose they would Judge it very False Doctrine for us to (nor indeed can we any way) meddle with the Returns or the Officer.

Admitting the Sheriff to act in Returns as the Officer of the Parliament; It concerns them that he should be lyable to no other Punishment but what they Inflict, otherwise they cannot expect to be obey'd.

To have others Judge when their Servants do well, will be to have others give Rules to their Servants and Service, which they will think Inconvenient.

Let it be considered how hard a Task Sheriffs have in their Elections of Knights to the Parliament: The Appearance commonly is very Numerous, the Parties Contesting very Violent, the Proceeding Tumultuous, the Polling sometimes is at several Places at once; so that the Sheriff can hardly be a Witness of the Action, and if the Dispute be in the House of Commons he is no Party to it. If after all this the Sheriff, who cannot indemnify himself by [Page 21] Security, shall be lyable to an Action, the Service of the Parliament may be reckon'd a miserable Slavery; which is not for their Honour.

As this is Dishonourable, so it is Dangerous to Parliaments; it concerns the Kingdom that Returns to the Parliament should be upright and impartial, and that they may be so, the Sheriff should be secure from all Fears.

Judges are not lyable to Actions, that they may Proceed uprightly and impartially; if they were subject to Suits for their Judgments, there is that earnestness and confidence on both sides, that one side would be dissatisfy'd and trouble them, and they could not discharge their Duty without Apprehensions of Disquiet.

If the Sheriff be dispos'd to Actions thus, let us consider what and whom he is to fear: He may fear the Suit of the Party, and he may fear the Suit of the King. It follows necessarily that if an Action lies, an Information, for the King will also lie for the Misdemeanor of his Office, if it be not a Case privileged by the Complexion of it, as Parliamentary from being Examin'd in Westminster-Hall, but that he may be punish'd at the Suit of the Party, he may certainly as well be punish'd at the Suit of the King, If so, where is the Sheriff's Security? Will his own Innocence secure him? That will be Try'd by a Jury of the County where the Parliament sits; who are, it may be, Strangers to him as well as to the Matter, or by a Jury of the Country where the Election was; where, it may be, they will be of an opposite Party, the Plaintiff may wait his opportunity opportnnity (sic) , and question him Twenty Years after: and if he be Condemn'd his Punishment is unlimited, a Fine may be set any height for the King, and Damages may be given to any Value for the Party: Where is his Security upon such Proceedings? Will he not be more afraid of such Punishment out of Parliament than of any Punishment in Parliament? Will not, nay may not his Terror make him desire to please them that can punish him out of Parliament, rather than to do Right? Will not that be dangerous to the Constitution of Parliaments?

As the Punishment out of Parliament may be a Punishment to those who mean well, so colourable Punishments may be as mischievous on the other side; for they may prevent any Punishment, for Nemo bis punitur pro eodem dilicto, they may serve for Protection of Men that do it: When it is seriously weigh'd of what Consequence this may be, the Case at Bar will not be thought a Case fit to be receiv'd by the Judges without the Countenance of Law.

They object here is Malice found by the Verdict, and that there is no Danger or Inconvenience that accrews by reason Malice, but ought to be Punish'd.

This Objection fortifyes my Opinion; for Malice, upon which they would have the Scales turn in this Case is not a thing Demonstrative, but Interpretative, and lies in Opinion, so that it may give an Handle to any Man to punish another by.

The Instance of this very Case shews, that a good Man may reasonably be afraid of the Event of his Defence in such a Case.

For altho' the Matter was of great Examination in Parliament, and at last decided but by few Voices, and no observation of the Sheriffs Miscarriage there, tho' it appear'd upon the Tryal (which I may say being present there) that the [Page 22] Sheriff was guided by the Advice of his Friends, of Council and of Parliament Men, that told him the only safe Course was to make a double Return, yet the Jury Condemn'd him to pay 800l. against the Expectation of the Court; for the Judges that were present at the Tryal did all declare publickly that they would not have given that Verdict.

The Jury heard all the Evidence the Jury could go upon, for being of a remote County to the place of Election; the Jury could know nothing of their own knowledge, and yet the Judges concurr'd not with the Jury in their Opinion.

I know we are not to examine the Truth of the Verdict, we must take it for Gospel, neither do any Partiality in this particular lead me in Judgment; but I shew it as an Instance that Malice is not demonstrative; Mens Minds may be mistaken, and Innocent Men may therefore have reason to be afraid, especially in Ill Times, and may use such Means for their Safety as may not be convenient for Parliaments.

But there can be Danger or Inconvenience in the Censure of the Parliament that represents the whole Kingdom, who hitherto have alone exercis'd this Power, and who may at any time Reform the Law, if the present Practice be any way Inconvenient.

Upon these Reasons which I have produc'd I ground my Opinion; Now it will be necessary to weigh what hath been said in Opposition to it.

The Arguments urg'd on the other side, related either to the Ingredients or Circumstances of this Action, or to the Foundation or Substance of it.

I call the Ingredients and Circumstances of the Action, that it is laid with these Words; Falso, Malitiose, Deceptive, Scienter, And that there is a Verdict in this Case, and are Damages found.

The words Falso, Malitiose, & Deceptive, will sometimes make a Thing Actionable, which is not so in it self, without Malice prov'd, tho' there be the same Damage to the Party.

As where a Man causes another to be falsly Indicted, yet if it be not Malitiose, no Action lies, tho' there be the same Trouble, Charge and Damage in one Case as the other.

But it is only where a Man is a voluntary Agent, for if a Man be Compellable to act, you cannot molest him upon any Averment of Malice; as if a Grand Jury-Man causes another to be Indicted, tho' you aver Malice, you cannot have an Action against him; so for a Witness that doth testify, or a Judge that judgeth.

In the Case at Bar, the Sheriff is Compellable to act, and not barely as a Minister to send the Indenture; but as a Judge to say which is the Major Part; and if he mistakes, there is no reason it should subject him to an Action upon an Artificial Averment of Malice.

I remember in Shepherd and Wakeman's Case in the Kings-Bench, Mr. Justice Windham said well, that the words Falso & Malitiose were grown words of course, and put into every Action; so that to his knowledge Juries many times had no regard to them, that he look'd upon them as Words of Form.

If we should make the words Falso & Malitiose support an Action without a fit Subject Matter, all the Actions of Mankind would be liable to Suit and Vexation, they that have the Cooking (as we call it) of Declarations in Actions of the Case, if they be skilful in their Art, will be sure to put in the words Falso & Malitiose , let the Case be what it will they are here Pepper and Vinegar in a Cook's hand, that help to make Sawce for any Meat, but will not make a Dish of themselves.

Falso & Malitiose will not enable an Action against a Judge.

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Nor against an Indictor or Witness, nor where words are not Actionable, tho' the Plaintiff hath a Verdict and Damages found, nor for a Breach of Trust, which is alieni fori.

The reason of every one of these Cases holds in the Case at Bar. Therefore it ought to have the same Resolution.

As to the word Scienter, it hath weight sometimes, as if an Action be brought for keeping a Dog that Worried others Sheep, Sciens Canem ad mordend' Oves cousuetud. or for detaining the Servant or Wife of another; Scienter in these Cases, if the Defendant hath been told that the Dog did worry Sheep, or that it was the Servant or Wife of another, tho' it may be he did not believe it, yet it was Scienter , for the word implies no more than having Notice; and in those Actions he must inform himself at his peril, and may if he doubts, avoid Danger, by putting away those things which give Offence. But in this Case he could receive Information by none, and is not to believe or disbelieve any body, but is bound to judge of the thing himself, and to act according to his Judgment, so that no proof could be made of the Scienter , for one side tells him the Election was one way, and the other side tells him it is the other way, but he being present to the whole Action, must follow the Dictates of his own Judgment; Hence it appears Scienter in this Case is an empty word, not referring to Notice of a Fact, but of Matter to Judgment, which cannot any way be prov'd.

It has been often urg'd that this Case is stronger by being after a Verdict and Damages found by the Jury, and it has been said that perhaps upon a Demurrer, it might have been found more doubtful.

The Case is the same to me upon a Verdict that it should have been upon a general Demurrer, and no stronger, for a Demurrer is the Confession of the Party of all that can be prov'd, or can possibly be found upon that Declaration.

It is my Lord Coke's Advice in Cromwell's Case, 4th part. 14 a. never to Demur to a Declaration, if there be any hopes of the Matter of Fact; for the Matter in Law will as well serve after a Verdict, as upon Demurrer.

The finding the Plaintiff's Damages adds no strength to the Case, for we see every day upon Actions for Words, tho' the Jury find the Defendant guilty for speaking Words Falso & Malitiose, and find it to be to the Plaintiffs great Damages, yet if the words are not such as will bear an Action, the Court stays Judgment; and if Judgment happen to be given, it is reversable for Error, which shews that the finding Damages by the Jury cannot make an Action better than if it were to be adjudged upon Demurrer.

I shall now consider what hath been said to maintain this Action upon the Main Substance and Foundation of it. They say this is a Case within the general Reason of the Common Law, for here is Malice, Falsity and Damage, and where they concur, there ought to be Remedy. And altho' this be a new Case, yet it ought not for that Reason to be rejected, for other kind of Actions have been newly introduc'd, and this is fit to be entertain'd as any.

My Brothers that argued even now for the Action shew'd great Learning and great Pains, and certainly have said all that can be invented in support of this Case, but as far as I could perceive, they have spoken upon general Notions to that purpose I just now mention'd: but nothing that I could observe applicable to the Reasons and Differences I go upon.

As for the Rule they go upon, that where Falsity, Malice and Damage do concur, there must be Remedy; I confess it is true generally, but not universally, for it holds not in the Case of a Judge, nor an Indictor, nor a Witness, nor of Words that import not legal Slander, tho' they are found to bring Damage, as I have shewn before. And the Reasons that exempt these Cases from the general Rule have the same force in the Case at Bar.

I must confess the Judges have sometimes entertain'd new kinds of Actions, but it was upon great Deliberation, and with great Discretion, where a general Convenience requir'd it.

If Slade's Case were new (for my Brother Thurland truly it was said in that Case, that there were infinite Numbers of Presidents) that Case imported the Common [Page 24] Course of Justice. Actions for Words that are said to be new, tho' they have been us'd some hundreds of years, are a necessary Means to preserve the Peace of the Kingdom. The Case of Smith and Craschaw, Cro. Car. 15. was a Case of general Concern, being that Prosecutions for Treasons may be against any Man and at any time.

But in the Case at Bar, neither the Peace of the Kingdom nor the Course of Justice is concern'd in general, but only the Administration of Officers of the Parliament in the Execution of Parliamentary Writs, and can never happen but in time of Parliament, and must of Necessity fall under the Notice of the Parliament; so that if the Law were Deficient it is to be presum'd the Parliament wou'd take care to supply it: Discretion requires us rather to that, than to introduce new Presidents upon such general Notions that cannot govern the Course of Parliament.

My Brother Atkyns said the Common-Law comply'd with the Genius of the Nation, I do not understand the Argument; Does the Common-Law change? Are we to Judge of the Changes of the Genius of the Nation? Whither may general Notions carry us at this Rate? For my own part I think, tho' the Common-Law be not Written, yet it is certain and not Arbitrary; We are Sworn to observe the Laws as they are, and I see not how we can Change them by our Judgments; and as for the Genius of the Nation, it will be best considered by the Parliament, who have Power of the Laws, and may bring us to a Complyance with it.

In the Case at Bar I look upon the Sheriff as a particular Officer of the Parliament, for the managing Elections, and as if he were not Sheriff: I look upon the Writ as if it were an Order of Parliament, and had not the Name of a Writ; I look upon the Course of Parliament, which we pretend not to know, to be incident to the Consideration of it; so that it stands not upon the General Notion of Remedy in the common Course of Justice.

The Arguments of the falling of the value of Money, whereby the Penalty of 100l. provided by the 23. H. 6. is become inconsiderable, and the increase of the Estimation of being a Member of Parliament, if they were true, are Arguments to the Parliament to change the Law by increasing the Penalty, but we cannot do it.

My Brother Maynard in his Argument wou'd embolden us, telling us we are not to think the Case too hard for us, because of the Name of Course of Parliament, for Judges have punish'd Absentees: They may Determine what is a Parliament, what is an Act of Parliament, how long an Ordinance of Parliament shall continue, and may punish Tresspasses done in the very Parliament.

I will not dispute the Truth of what he said in this, but if his Arguments were Artificial, he might have spared them; for they have no manner of effect to draw me beyond my Sphere.

I will not be afraid to determine any thing that I think proper for to judge, but seeing I cannot find the Courts of Justice have at any time medled with Cases of this Nature, but upon express Power given them by Acts of Parliament, I cannot consent to this President, I am confident when there is need, the Parliament will discern it, and make Laws to enlarge our Power, so far as they shall think convenient.

I see no harm that Sheriffs in the mean time should be safe from this new devis'd Action, which they call the Common Law; if they misdemean themselves, they are answerable to the Parliament, whose Officers they be, or may be punish'd by the Statute made for Regulating Elections.

It is time for me to conclude: which I shall do by repeating the Opinion I at first deliver'd, (viz.) That this Judgment is not warranted by the Rules of Law; That this Judgment is not warranted by the Rules of Law; That this Judgment is not warranted by the Rules of Law, (sic) That it introduceth novelty of Dangerous Consequence, and therefore ought to be Revers'd.

Note, The Lord Chief Justice Vaughan and Lord Chief Baron Turner, both deceas'd, who in their Lives were Eminent Members of Parliament, were of the same Opinion; And the Judgment was accordingly Revers'd.

FINIS. [Page [i]]

Table of contents

• TO THE READER .

• 1. THE CASE.
• 2. THE PLEA.

[Page 3] [...]

THE SPEECH OF Mr. George Kelly.

My LORDS,

SINCE my Council have so fully answered every Article alledged against me, it may seem unnecessary to take up Your Lordships Time, by saying any thing for my-self. And, indeed, it would be so, if my Charge were Ordinary or Particular.

But, my Lords, I have been represented as a Person doubly guilty; First, In transacting Treason for my Self: and, Secondly, In doing it for other People.

These are Crimes of the most heinous Nature; And if they were as clearly proved, as they have been strongly asserted, I should justly merit Your Lordships highest Displeasure, and all the Pains and Penalties that You could possibly inflict upon me.

And since my Charge is so very Extraordinary: Since these Proceedings seem to be without any Precedent; and, That the Innocence of other Persons calls upon me for Publick Justice;

I believe Your Lordships will easily allow, That to be silent, in such a Case! would be truly Criminal, and but too justly Censured.

[Page 4]

To enter into all the Particulars of my Accusation, would, I fear, take up more Time than is reasonable for me to ask, or for Your Lordships to allow: And though the many Inconsistencies, Contradictions, and false Conclusions which appear in almost every Page of the Printed Reports, plainly shew, The Weakness, Absurdity, and Sophistry of them; however, I shall only beg Leave to touch upon those material Parts, which relate to my-self, and my Defence to them.

And the First Article which I find my-self charged with, is, The Employing of one Neyno to draw up Three Memorials to the Regent of France, to solicite Foreign Forces to invade this Kingdom.

And for Proof of this, the Examinations of the same Person, which are neither upon Oath, nor so much as Signed by him (and whom the Committee of the Honourable House of Commons have represented as a very infamous Fellow) are the only Evidence assigned against me.

This, my Lords, is the Crime! and This is the Proof!

And though the bare mentioning of it, might be sufficient to convince Your Lordships of its Weakness; however, since so great a Weight has been laid upon this Kind of Evidence in another Place, it will be necessary to be a little more particular about it.

The Two first of these Memorials (Viz. Those before and after the South-Sea Scheme) are but slightly mentioned: But the One pretended to be drawn up in December, 1721. (and containing a Demand of 5000 Men) and a Letter said to be written the March after (to amuse the Government into a false Security) are the chief Things upon which any Stress is laid.

And, how False both these Allegations are, has, I don't doubt, evidently appeared to Your Lordships. For,

Had my Accuser been really employed to draw up any such Memorials, it is reasonable to believe, that he would have kept Copies of some, and especially of the Last of them; since a Person who turned Informer so suddenly after, may very well be presumed to have had Thoughts of it for some Time before; and such Papers would, no doubt, give great Weight to his Information.

But the Ministry have produced no such Copies; neither do they pretend to have them: Which is a very great Indication, that there never were any such Memorials at all.

Besides, There are no Two of his Examinations of a Piece. Nay! he contradicts himself in almost every one of them. For,

In his Second Examination, he says, That these Memorials were all drawn up by the Order of one Henry Watson (whom he really did not know, but took to be the late Earl Marishall) without making the least Mention of me.

In his Third Examination, he says, They were delivered to me and Watson; And in his Fourth, he says again, They were all drawn up by the Order of Henry Watson Only. And, in a few Lines after, contradicts himself, and says, That the Heads of them were given to him by me and Watson: Which are such [Page 5] Inconsistencies, as (Your Lordships will easily grant) are not to be reconciled: And if his Memorials were no better drawn than his Examinations, I believe, they were not likely to meet with any great Success.

As to the late Earl Marishall, how reasonable it is to believe, that a Person in his Circumstances should venture to come into England, and live so openly here, as to intrust himself, and a Secret of this Nature, to a Fellow, who (by his own Confession) did not know him, is humbly submitted to Your Lordships.

And as for my Part, it is very plain, that I could have no Hand in them, since the Minutes in my Pocket-Book (in which I could have used no Disguise) agreeing with the concurrent Testimony of several Witnesses, plainly shew, That I was not in the Kingdom at the Times in which my Accuser pretends to have been so employed.

For, by those Minutes, and their Testimony, it appears, That I went to France the 23d of November, 1721. and did not return 'till the latter End of the next Month; And my Accuser himself owns, in his First Examination, That he did not see me after my Return, 'till the January following; which makes it impossible, That he could have been so employed by me in December, since I was most part of that Month out of the Kingdom; and the few Days of it that I was here, he owns, he did not see me.

Nor has the other Part of his Information relating to the Letter (which he pretends to have drawn up in March) better Grounds For, by the same Minutes, and by the same Evidence, it likewise appears, That I went to France the 22d of February after, and did not return 'till the middle of April, which makes it as impossible, that he could have been employed by me in March, since I was then likewise out of the Kingdom.

Had this Examination been taken at any Distance of Time, it is possible he might be mistaken in it; but his first Information must have been about the middle of April, soon after my Return from France; For he confessed to the Person taken up with him at Deal. That he was the First who set the Ministry upon intercepting Letters. And the first Letters so intercepted, are owned, in the 42nd Page of the Report made to the Lower-House, to have been the 22d of April, 1722. And, surely, he cannot be supposed to have forgot so soon, what happened the very Month before; especially, since he has been so particular; as to name the very Day, (Saturday) upon which he says this Letter was so drawn up.

By all which it plainly appears, That this Article is not only Groundless, but evidently False; and likewise, That he had no such Intimacy with me (as the Report pretends) since he has declared, That I never spoke to him of the Conspiracy; And that I could be a Month at one Time, and Two Months at another, out of Town, without his knowing any thing of it.

As to what is said to his coming sometimes to my Lodgings, I believe it may be true; but it has been fully proved, That his Visits were never to me, but always to another Person, who lodged in the same House.

And, I do solemnly affirm to your Lordships, That I never was acquainted with the late Earl Marishall, or with any such Person who went by the Name of Watson; That I knew very little of my Accuser; so little, That I am confident I never spoke to him Ten times in my Life; nor ever employed him in this or any other Affair whatsoever.

[Page 6]

The Second Article Charged upon me, is, The carrying on of a Treasonable Correspondence for the Bishop of Rochester.

And, for Proof of this, The Examination of the same Person is the only Evidence produced against me, wherein he says, That I frequently told him, the Bishop was concerned in such a Correspondence; and that I managed it for him; with other Particulars not worth mentioning to your Lordships.

How reasonable it is, that I should tell such a strange Untruth to a Person that I knew so very little of; and what Credit ought to be given to his bare Assertion, who has affirmed such Gross and Notorious Falsehoods in the former Article, must be submitted to your Lordships.

And, in my present unhappy Situation, I cannot but think it a very great and singular Happiness, to have so Publick and Honourable an Occasion of purging myself from so vile a Calumny, and of doing Justice to that most Worthy and Learned Prelate.

And I do solemnly declare to your Lordships, upon the Faith of a Christian, That I never wrote or received a Letter of any kind for the Bishop of Rochester, or was privy to any Correspondence of his at Home or Abroad: That I never shewed him any Letter that ever I wrote to France, or ever sent one there by his Privity or Direction: That I am very little known to his Lordship; went very rarely to wait upon him; so rarely! That I am confident few of his Servants know either my Name or Face; and have not seen him above Three or Four Times these Two Years past, and not above Eight or Ten Times in my whole Life.

I do farther declare, That my Visits to his Lordship were always Publick; That I never went privately in a Chair to his House; always found other Company with him, who were generally Strangers to me; and never once mentioned his Name, upon this or any other Account, to the Person who has thus accused me. Which, with the Evidence that has been produced of his own Confessions to that Purpose, is, I hope, sufficient to convince your Lordships of the Truth of it.

And as for the Dog, which has been brought as a Circumstance to prove this Matter, I do, in the same solemn Manner, declare, That he was given to me by a Surgeon at Paris (whose Affidavit has been offered to be produced) and who at that Time, I do verily believe, never heard of his Lordship's Name; And that he never was designed for any body but the Person I gave him to.

And I appeal to the very Ministers themselves, if the British Resident at Paris, (who is constantly attended by that very Surgeon, and examined him about it) has not confirmed the Truth of this Account to them.

I do farther affirm, That the Bishop of Rochester never saw him; Never received any Letter or Message by me, nor (do I believe) by any other Person about him: Neither did I ever know or hear, That his Lordship had any Intercourse or Correspondence with the late Earl of Mar, or any other disaffected Person Abroad.

My LORDS,

It cannot be imagined, that I have any particular Interest or Concern in this Matter; for I never received any Favours from his Lordship; neither do I owe him any Obligations, but those of Common Justice: And those I should perform, [Page 7] where I have so much Truth of my Side, to the greatest Enemy I have upon Earth.

As for the other Circumstances which are brought to strengthen my Accuser's Examinations, and are set forth in one Pancier's Deposition. They will appear, I don't doubt, as Groundless and Inconsistent as the Examinations themselves.

For, This Person swears, That another told him of this Conspiracy; That Six or Eight Battalions or Irish Forces were to come from Spain to assist the Conspirators. That 200,000l. were raised, and 800 Men regularly subsisted for this Purpose in London.

These, My Lords, are called, in the 38th Page of the Report of the Lower House, The Concurrent and Corroborating Proofs of my Accuser's Examinations: And I humbly appeal to your Lordships, if any one of them carries the least Colour of Reason or Probability with it. For, can it be imagined, That such a Force should come from Spain, when there appears to be so strict a Friendship betwixt the Two Kingdoms? Or, That 200,000 l. could possibly be raised among all the Disaffected in England, in Case there was a License for it? Or, 800 Men regularly subsisted in this City, without a Discovery?

These are such idle, inconsistent Tales, as (I am persuaded) can never have any Weight with your Lordships.

Besides, my Lords, this is only bare Hear-say; And if the Hear-say of such Infamous Persons (or, indeed, of any Persons) be look'd upon as sufficient Evidence, I believe, no Man in England can be sure of his Life or Liberty an Hour, since any Two People may talk him into High-Treason whenever they please; and the greater the Person is, the greater his Danger always will be.

The Third Crime which I stand charged with, is, The Writing of Three Treasonable Letters for the Bishop of Rochester supposed to be for the Pretender, the late Earl of Mar, and General Dillon, which Letters are said to have been sent by me to Mr. Gordon at Bologne, with Directions to be delivered to one Mr. Talbot.

And, For Proof of this, the Clerks of the Post-Office are produced, who swear, That those Letters were (to the Best of their Knowledge)written in the same Hand with an Original which was stopt as a Specimen of it: Which Original has been sworn by Two Persons to be my Writing, and, consequently, those Letters must be so too.

My LORDS,

These Letters are dated the 20th of April, and the Specimen so stopt, the 20th of August; Just Four Months after.

And how it is possible for People (who receive such a Number of Letters) to swear to a Likeness of Hand, at such a Distance of Time; and what Weight ought to be laid upon this kind of Evidence; or upon that Modern and Mysterious one given by the Decypherers, in which they don't pretend to a Certainty themselves, must be submitted to your Lordships.

And as to the Persons who have Sworn to my Hand, I hope it will be considered, That one of them is a Messenger, who never saw any of my Writing, but the Superscriptions of a few Letters, which (your Lordships may easily see) do not bear the least Likeness with what he has sworn to.

[Page 8]

Besides, this very Person was turned out of his Employment upon my Account, and a few Days after he gave this Evidence in the House of Commons, I saw a Paragraph in the News-Papers, that he was restored to it again.

And as to the other, it is to be hoped, That it will be likewise considered, That he is a Servant, who attended me only about Three Weeks, and was turned off for an Infamous Action, which he has acknowledged himself to have been guilty of: Besides, he has confessed, That he never saw me write, but as he went backwards and forwards in the Room; and at such a Distance, as not to be able to distinguish one Character from another: And it has been proved by Two Witnesses, (on of which was a particular Friend of his own) That he declared, He never knew any thing of my Hand; but was Threatned by the Secretary of State into the Affidavit which has been Printed to that Purpose in the Appendix.

And if that Paper had been my writing, it is impossible they could be reduced to a Necessity of making use of such improper Evidence, since no Pains have been spared to procure better; since Numbers of People have been taken up, confined, and examined to this very Point; and Newgate sent to, more than once, for Witnesses to it.

And though it might be proved by the very Report of the Lower House, That those Letters could not have come from the Bishop of Rochester; however, my Business is only to convince Your Lordships, That I was not the Writer of them, and of this, I believe, it is impossible to give clearer Proofs than I have done: For if those Letters had been dictated to me the Twentieth of April (as the Report pretends) it must have been at his Lordship's House in the Country; since it appears by the Deposition of his Coachman, that he went there the 12th of that Month, and did not leave it till the 5th of May.

But it has been proved, that I was in London ALL that Time; and if it had been permitted, there is not a Person in the Bishop's Family, but would testify, That I was not then at his House in the Country; and, consequently, could not have written any such Letters for him.

Besides, I have brought several Persons of Credit and undoubted Characters, who have all testified, That the Hand in which those Letters are said to be written, is not mine, nor any thing like it.

An Affidavit has been produced from Mr. Gordon, that he never received any such Letters from me, nor ever had any Correspondence, or even an Acquaintance with me.

And it has been likewise proved, That Mr. Talbot, to whom those Letters are said to be delivered by Mr. Gordon, was in this Town the very Day upon which they are said to have been delivered to him at Bologne: And if I had any such Letters to transmit, can it be imagined, that I would trust them to the CommonPost, when I had so good an Opportunity to send them by, or direct them to Bologne, when the same Post might as well have carried them to Paris.

These are such full, such evident Proofs, as, I hope, cannot fail of giving Your Lordships the utmost Conviction in this Matter; and, consequently, that this Article is, like the rest, both Groundless and manifestly False.

[Page 9]

But, if any Credit is to be given to the Confessions which my Accuser made to the Person taken up with him, it is very plain, that those Letters must have come from another Quarter; and, to say no worse, were at least calculated to carry on his own base and villainous Designs.

For it has been proved to your Lordships, that he Confessed to have been employed by one of the Ministers, received 300l. from him, and was to have 2000l. more.

That this Minister declared a Personal Prejudice, upon some private Account, to the Bishop of Rochester; was resolved to pull down the Pride of that Haughty Prelate, and to squeeze me (as I think the Expressions were) to that Purpose.

My Lords,

I say, if any Credit is to be given to this Confessions, there can be no great Difficulty in tracing out the Source of this Part of the Conspiracy; and I am heartily sorry to say, That there are some Circumstances which seem to give but too great a Countenance to the Truth of it.

For, my Lords, He made this Confession at a Juncture when he may very well be supposed, to have spoken in the Sincerity of his heart; when he saw his Villainy detected; believed himself to be in the greatest Danger, and depended upon the Person's Assistance (to whom he made it) to help him out of his Misfortunes. And how particular this Prosecution; is, and how sufficiently I have been Squeezed, are Things but too visible, and too well known to the World.

Besides, the very Cypher by which those Letters were written, (and which he owned to have received from that Minister) was actually caught upon the Person to whom he gave it; and he confessed, That he put a Paper of Directions into one of my Drawers, by which (the Report says) most of the Treasonable Letters were Addressed.

And it has been proved to Your Lordships, That those Drawers were constantly open, and that he made some Pretext for being alone in my Lodgings, the very Night before I was first taken up.

And since he was the first that set the Ministry upon Intercepting Letters, which he said were mine; it is very extraordinary, that such a material Part of his Evidence should be omitted in his Examination; or, that the very first Letters so intercepted, should be those alledged against the Bishop of Rochester: And if the Originals of those Three Letters were stopt, I don't at all doubt, but they might be proved to be my Accuser's own Hand-writing.

And how strong a Sense he had of his Guilt, by attempting an Escape, which proved fatal to him, and how visibly the Hand of God has interposed in that Eminent Prelate's Favour, by taking one of the Persons (designed for his Destruction) out of the World, and giving the other Grace and Virtue enough to withstand all Temptations to his Prejudice, are Things highly worthy of Your Lordships just and most serious Consideration, and no small Indication of his Innocence.

And as to the Money which my Accuser owned to have received; That there was a very sudden and extraordinary Change in his Condition; That, from the lowest State of Poverty and Want, he soon arrived to that of a Vicious and most Profligate Affluence, is a Truth sufficiently known to all those that were acquainted with him.

[Page 10]

But from whence this Change proceeded, or what real Grounds he had for aspersing that Honourable Person, I will not pretend to say: But if those Aspersions be false (as I wish they may) it may be justly inferred, That a Fellow who was capable of vilifying one Person, may very well be judged as capable of doing so to another: And if his Veracity is not to hold good in one Case, there can be no Reason for allowing it in the other.

The Fourth Crime alledged against me, is, A Number of intercepted Letters, supposed to be written to and received from the late Earl of Mar, General Dillon and other Disaffected Persons Abroad.

And for Proof of this, A Frenchman has been produced, who swears, That he once saw me take up a Letter at Burton's Coffee-house, by the Name of Baker, which Name (it is said) some of the Treasonable Letters were addressed by; and was, in a Paper of Directions, found in my Lodgings. How that Paper came there, has been already proved to Your Lordships.

And as to the Person who has swore to this Particular, I must observe, That when he gave this Evidence to the House of Commons, he did not know me, tho' he spoke to me, and look'd several times earnestly at me; and for the Truth of this, I can appeal to most of the Members of that Honourable House, who were Witnesses of it: And he would still have probably continued in his Ignorance, if some private Hints, (as I have been told) were not given him, or the same Method taken which has been done with a Number of other strange Fellows, who were frequently sent to the Tower, and had no other Business but to take a View of me.

Besides, the People of the Coffee-house have testified the contrary, and that no such Letter ever came to their House. And tho' it be set down in my Examination before the Council, that I confessed to have taken up such a Letter, I humbly appeal to my Lord Chancellor (if it can be worth his Lordship's While to recollect it) If he did not ask me that very Question two or three times? And if I did not as often deny it? Neither is this the only Particular that is falsely set down in that Examination. And I do solemnly affirm to Your Lordships, That I never did receive any such Letter, nor ever saw that Paper of Directions, 'till it was Printed in the Report.

And there is one Circumstance pretty Remarkable in this Correspondence, That as it began with my Accuser's Information, so it ended with his being taken up. For immediately after a new Correspondence is pretended to be discovered; and to fix this likewise upon me, it has been suggested, that I sent Cyphers by Sir Harry Goring to France, and had Letters directed by them to Sturgess's and Slaughter's Coffee-house.

But, my Lords, no such Cyphers were found in my Custody, nor any Papers relating to such a Correspondence, and the People of those Coffee-houses have all sworn, That I never Ordered any Letters of that kind to be taken in, or received one, either by my own or any other Name from them. Nay! one of them has sworn, That no such Letters ever came to his House at all; and the other says, That a Messenger from the Secretary's Office, was the only Person that ever called at his House for those directed to it.

And as to the Printed Examination of one Mr. Caryl, to this Purpose, it were to be wished, That this Gentleman's Reasons had been published, as well as his Accusation.

[Page 11]

For I am confident, he will not pretend to say, That ever he saw me write a Line in his Life, or give a Piece of Paper of any kind to Sir Harry Goring; and what Reason he could have for believing that we settled a Key for such a Correspondence, is very extraordinary: Nor have the other Particulars which he has affirmed, the least Foundation of Truth; For I do solemnly aveir to your Lordships, That I never saw Sample in my Life, or gave Captain Bonin any such Letter of Recommendation: Neither had I ever the Honour of speaking to my Lord North and Grey, or of being any ways known to his Lordship; and that I should mention him so familiarly by the fictitious Name of Johnson, (and which, of all Names, I should never make use of in that manner) will, I hope, appear very incredible to Your Lordships; especially since Mr. Caryl himself has furnished so good a Reason for the Disbelief of it.

For he has likewise affirmed, That my Examination before the Council was read at Doctor Yalden's House: The Doctor has indeed already done me Justice in that Point; and Mr. Tucker (who was all the while in Company) will, I am very sure, do the same.

And since Mr. Caryl appears to be so plainly mistaken in this Particular, surely he may very well be supposed to be so in all the rest, especially since he has not assigned the least Reason for any of 'em.

As to the rest of the intercepted Letters, the People of the several Coffee-houses have likewise cleared me from them; and all testify, That they never delivered me any such Letters, or received any Directions from me about them; which, I hope, will be sufficient to convince Your Lordships, That I was not concerned in any such Correspondence, especially since no Letters of this kind were found in my Possession, nor any other Papers relating to the Conspiracy.

There are two other Crimes, in which I most humbly crave Your Lordships Patience to be heard, because they are the blackest that can be imagined, and seem to be Personal.

The First, is a Letter directed to Mr. Gordon at Bologne, with two Affidavits, which have been Printed, and are suggested to be sent by my Directions, in order to have him and one Birmingham perjure themselves upon my Account: For in this Letter it is said, That the Inclosed is a Copy of a Note from the Person concerned, with what he thinks requisite.

My Lords,

This Letter is dated the 20th of March, at which Time, and for Five Months before, I never was allowed the Use of Pen, Ink, or Paper, or the Liberty of seeing any Person that could possibly have conveyed such a Note for me; for I have been guarded in a different Manner from other People in the Tower: My Warders were put into the very Room with me, and ordered never to stir a Moment, Night or Day, out of it; which Orders they punctually obeyed, and were constant Witnesses to all my Actions.

And those Warders will depose, That, they believe, it was impossible for me to have written or sent out any such Directions; and the Officers, I don't doubt, will do me the same Justice.

[Page 12]

And when my Solicitor was admitted, finding that Mr. Gordon's Affidavit might be of use, if allowed as Evidence, a Person was immediately dispatched, and who brought it in a different Form from those which have been Printed. And my Solicitor can testify, That no Draughts were sent by him; which, with the gross Management of the Persons concerned in this Affair, is, I hope, sufficient to give your Lordships the clearest Conviction of my Innocence in it. And I do solemnly affirm, That I never knew any Thing of them; never heard of the Name of Akenhead before; nor can I find out any Person (besides the Master of that Vessel) that ever did.

The other Crime is set forth in one Levett's Deposition in the Report made to this most Honourable House: Wherein (among a great many other most notorious Falsehoods) she swears, That one Mrs. Barnes told her, That I was instrumental in, or privy to the shutting up of a Person in a Dungeon, for Fear of his turning Informer; and not only of him, but of 200 more upon the same Account. Which, I believe, is the most surprizing Crime that ever yet was alledged against any Christian.

Mrs. Barnes denies every Syllable of this Conversation; and if the Person that swears this against her, had been produced, she would be proved to your Lordships, to have been a vile infamous Creature all her Life. And if she is to be believed, or that your Lordships can think it possible there can be the least Truth in her Deposition, it will be a Sin to let me live, and impossible to find out a Punishment too Cruel for me.

These, my Lords, are the Chief Crimes which I am charged with; and very great ones they are, had they been in any Degree made out against me.

I am a Stranger to the Methods of Legal Proof, but have been told by my Council, That the greater a Person's Crime is, the clearer the Evidence ought to be against him; and how weak and insufficient the Proofs produced for this Purpose are, and how clear and convincing those which have been offered in my Justification, has, I hope, evidently appeared to your Lordships, and given you intire Conviction of my Innocence; and that all the Crimes alledged against me, are without the least Colour or Foundation of Truth.

But how much I have suffered for these supposed Crimes; and what extraordinary Means have been made use of against me, are Things much worthier of your Lordships Judicial Consideration.

To be taken up and held to exorbitant Bail, without ever assigning any particular Crime against me; To suffer a Long and Close Confinement, where the Expence bears no Proportion to my Circumstance:

To have Numbers of People, and some of them, Creatures of the meanest Rank and Condition, taken up, examined, and tampered with upon my Account; and Newgate sent to for Witnesses:

To have a Servant (who was turned off for his Ill-Behaviour) brought as an Evidence; and my most intimate Friends Imprisoned for not swearing against me; Are Hardships and Proceedings, I believe, hitherto unheard-of in England; and such as, I hope, your Lordships will, in your great Wisdom and Justice, think fit to redress. All which is of a Piece with an infamous Offer made to myself by one of the Under-Secretaries of State, who, the Morning after I was first [Page 13] examined, came to me with a Message (as he said) from one of his Superiors, to let me know, That I had now a very good Opportunity of serving myself; and that he was sent to offer me my own Conditions.

And when I declared myself an intire Stranger to the Conspiracy, and was sorry to find that Noble Lord have so base an Opinion of me, he seemed to wonder, that I would neglect so good an Occasion of serving myself, especially when I might have any Thing I pleased to ask for.

What Authority that Person had for this Message, or the rest of his AfterProceedings, I will not pretend to say: But as I have been Ruined and utterly Undone by them, I hope your Lordships will take my Sufferings, as well as Circumstances, into Your Consideration; and, instead of Inflicting any farther Pains or Penalties, look upon me (as I really am) a Person highly Injured, and not a Criminal concerned in any Transactions against the Government.

As for my Circumstances, they are but too well known in the World.

And here I cannot omit my Gratitude to the late and present Constables of the Tower; for the late Constable (though I never had the Honour to see his Lordship) was, upon a Representation of my Circumstances, so very good, as to procure me the Promise of an Allowance from the Government; and his Lordship, the present, has been so kind as to get it paid: But the Officers of the Place can testify, That this Allowance has not been converted to any Private Use of mine, but constantly given to the Persons appointed to attend me. And I must take Leave to assure your Lordships, That it has cost me more since I was sent there, than the Government have now left me really worth in the World; and I must suddenly become a Sacrifice to my Necessities, if not set at Liberty by your Lordships great Clemency and Compassion.

If I have dropped any Expressions which may not be so agreeable to some particular Persons in Power, I could wish that my Defence had not laid me under that Necessity: And I do solemnly protest, That they have not proceeded from any Resentment for my Sufferings; but from a Sincere Endeavour to give your Lordships the clearest Conviction of my Innocence. And since I could not merit their Favour, I shall always endeavour to preserve their good Opinion.

As to the Legality of these Proceedings, and the Danger of making Precedents of this Kind, those are Things which have been already fully set forth by my Council, and must be submitted to the great Wisdom and Jurisdiction of this most illustrious Assembly: An Assembly! which is not only the Highest and most Honourable, but the Uprightest and most Impartial, I believe, upon Earth; and whose Justice has ever appeared as extensive as their Power.

The great, and, indeed, the only Argument which I have heard offered for the passing of this Bill, is, That the Occasion is Extraordinary; That your Lordships are in your Legislative Capacity; and though the Proofs may not be so legal, however, In Terrorem, it is necessary to pass it.

But I humbly beseech your Lordships to consider, Where the Extraordinariness of this Occasion lies? Has there been the least Commotion in my Part of the Three Kingdoms? Or any Person injured in his Liberty or Fortune, besides those who have been so unhappy as to fall under this Suspicion?

[Page 14]

Or, Is this Occasion more Extraordinary than when there was a Publick Insurrection in the Kingdom? And when the Persons concerned in it, were tried by the Common and Ordinary Courts of Justice?

And because your Lordships are vested with a Supreme Authority, and not tied up to the Common Forms of Law, can that be a Reason for your acting directly contrary to it? And to suppose your Lordships capable of doing so, was not, I must say, so becoming an Argument to have been offered upon this Occasion.

And to have a Session, which opened with so mild, so gracious a Speech from the Throne, end in such an extraordinary Manner, must surely be very contrary to the Design and Intention of the Throne at that Time; and is, I hope, so still; especially, since no intervening Accidents have happened to ruffle the Quiet and Tranquility of the Kingdom.

My Lords,

The First extraordinary Bill that, I believe, ever passed in England was that of the Earl of Strafford; and how much Personal Prejudice was in his Prosecution, and how fatal that Bill proved in its Consequences, I need not mention, since the Royal Martyr himself has, in his dying Words, called it, An unjust Sentence, and imputed all his Misfortunes to it. And,

Pray, my Lords, why was that Sentence Unjust, but because it was not supported by Law? And, to the Eternal Honour of this House be it said, That when the Proofs upon his Tryal were not found Legal, They refused to find him Guilty.

But when this Extraordinary Method was taken, and the Torrent of the Times bore down their usual Justice, then the Flood-Gates of all those Miseries were opened, which overwhelmed and sunk the Constitution: And of which, some of Your Noble Predecessors had so strong and lively a Sense, as to declare, in this very House, That they would be sooner torn in Pieces, than come into such Illegal Proceedings; And so fell a Sacrifice to the Love and Laws of their Country.

To which I shall only beg Leave to add One Observation, that, I am sure, is but too well known to that Right Reverend Bench: "That of all the Prelates who advised his Majesty to the Passing of that Fatal Bill, not One of them escaped the Violence of those very Persons whom they endeavour'd to oblige by that Advice.

These, my Lords, were the Unhappy Effects and Fatal Consequences of One Extraordinary Bill: And what those of Another may prove, the Great Director of All Things only can foresee!

Many are the Arguments which might be brought to shew the great Injustice, as well as Inconveniencies of these Laws in particular: But as my Liberty can be of no great Moment to the World, I shall only beseech Your Lordships, Not through me, to give a Wound to the Constitution, which, perhaps, may not so easily be cured.

The great Characteristick which distinguishes England from the rest of the Neighbouring Nations, is, the Excellency of her Laws, of which Your Lordships are the Great Guardians: And if you suffer those Laws to be broke in upon, and [Page 15] render Life or Liberty so precarious, as to be affected or taken away, by every idle Hearsay, that Excellency must soon disappear, and the Best Form of Government now upon Earth, consequently, sink into Anarchy and Confusion.

My LORDS,

The Words of my Bill are very severe, and do not bear the least Proportion to the Proofs which have been produced against me: And I humbly hope, That my pass'd Sufferings will be look'd upon as a sufficient Punishment; especially, since it is not pretended, that I have transgressed any Law yet in Being.

I propose no great Happiness in this Life, and would willingly avoid as much Misery as I could; And must therefore humbly beseech Your Lordships, To look upon me as a Stranger in Your Kingdom, and a Person (as I really am) Inconsiderable in my-self; and, consequently, incapable of doing the least Prejudice to any Government.

For my Behaviour, I am willing to give the Best Sureties that I am able: But if that be not approved of, I hope Your Lordships will give me Leave to retire to some other Part of the World, where I may enjoy my Poverty with Freedom.

But, let my Fate be what it will, I shall ever pray for Your Lordships Particular Welfare, as well as the General Prosperity of the Kingdom.

And so resign my-self, with the utmost Humility, to Your Lordships great Clemency, Justice, and Compassion.

FINIS. [Page [iii]]

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REMARKS ON THE TRIAL OF John Peter Zenger, Printer.

SIR,

IT has been a common Remark among those who have observed upon the capricious Dispensations of Fortune, that great Events are often produced by Instruments that are not seemingly adequate; nay, that the same apparent Causes have quite contrary Effects; and the Road that leads one Man to Wealth, Honour, and Power, sometimes carries another to Poverty, Infamy and Ruin. Hence comes that confused Distribution of Axes and Coronets, Halters and Ribbons, which History displays by numerous shocking Examples; and thus it is, that Fate seems to play at Crosspurposes with Mankind; or to speak in Scripture-phrase, in this Sense as well as many others, the Wisdom of this World is Foolishness.

I find myself drawn into these grave Reflections, by reading the Trial of John Peter Zenger, at New-York, upon an Information for Printing and Publishing a Libel. This Piece, it seems has been lately printed there, and was put into my Hands, t'other Day, by a Friend who has both a general Acquaintance and a Correspondence with the Northern Nothern (sic) Colonies, as a rare Production, containing many Things new and surprising. And in Truth I must say it affords a lively Specimen, in Miniature, of the Justness of the fore-going Remarks. I mean that Part of it which is attributed to Andrew Hamilton, Esq; of Philadelphia, Barrister at Law; together with the Sequel, describing the munificent Behavior of the Citizens in Common Council assembled, to the learned Gentleman, for his singular Performance on that Occasion.

I must at the same Time assure you, that if Zenger's Trial had been printed by Order of the Court that tried him, or from a Copy taken by a private Hand at the Trial, or by any other Means that excluded Mr. Hamilton's Approbation or Privity, I should have enjoy'd my own Opinion, without troubling you or any body else about it, and had the Charity to resolve all the Extravagancies that occur throughout his Declamation, into a right Discernment of the People he talk'd to, and a Dexterity in captivating them, which had its Effect in the acquittal of his Client. But when a Gentleman of the Bar takes the Pains to write over a long Discourse (he being the only Lawyer of either side who gave the Printer his Notes) in order to send it abroad through the World, as a Specimen of his Abilities, Sentiments and Principles; as a solemn Argument in the Law, fit to see the light and abide the Test in all Places; and, [Page 2] above all, as a Task of Duty, which he thought himself bound to perform, even by going to the utmost Parts of the Land for the Purpose; and all this, without Fee or Reward, under the Weight of many Years and great Infirmities of Body: (Zeng. Trial, P. 29, 31,) When a Barrister, I say, thus becomes a Volunteer for Error, and presumes to obrude bad Law and false Reasoning upon the Sense of Mankind, because the sage Magistrates of New-York have put their Seal to it; I think my self at Liberty without using any other Apology, to exercise the judging Privilege of a Reader, since the Gentleman himself has put me into the Possession of it.

In doing this, I shall not in the least gratify a vain Itch of Writing, for there are no extraordinary Talents necessary for refuting gross Absurdities; but I shall have the honest merit of endeavouring to undeceive such of my Fellow-Subjects in the Plantations as may, from the late uncommon Success of the Doctrine, mistake the Liberty of the Press for a Licence to write and publish infamous Things of their Superiours and of all others, at their Pleasure, provided they write and publish nothing but what is true. In the next place, I would preserve, as far as I am able, the Dignity of the Profession of the Law in these remote Parts of the British Dominions; and prevent its learned Professors in England, who probably will see the renowned Piece above mentioned (if we may judge from the industry used in dispersing it) from suspecting that all their American Brethren use the like Arts to gain Popularity and honourable Rewards. The former, having the Advantage of going daily to the great School of Law at Westminster, are already apt enough to think meanly of the Accomplishments of the latter who are far removed from Instruction; and their Opinion must be strongly confirmed in this Respect, if such a Rhapsody as was utter'd at New-York, should not only be applauded and rewarded publickly there, but printed and scatter'd in Reams through the other Colonies, without being followed by a suitable Animadversion.

Neither will it be amiss to take some Notice, in this Place, of the Quackery of the Profession in general, without any particular Application, as it has been practised with vast Success in some of our Colonies. You will often see (if common Fame may be trusted) a self-sufficient enterprising Lawyer, compounded of something between a Politician and a Broker, who making the Foibles of the Inhabitants his Capital Study, and withal taking Advantage of the Weakness of his Judges, the Ignorance of some of his Brethren, the Modesty of others, and the honest Scruples of a third Sort (without having any of his own) becomes insensibly an Oracle in the Courts, and acquires by Degrees a kind of Dominion over the Minds as well as the Estates of the People. An Influence never to be obtained but by the Help of Qualities very different from Learning and Integrity. Wherever such a Man is found, the Wonder is not great, if from a long Habit of advancing what he pleases, and having it received for Law, he comes in Time to fancy that what he pleases to advance is really Law.

I have taken the Pains, during this short Vacation between our Monthly Courts, candidly to examine this new System of Libels lately composed and propagated on the Continent; the Discovery of which cost the good City of New York, five Ounces and a half of Gold, a Scrip of Parchment, and three Latin Sentences. ( P. 31, 32.) My intention is to consider Things, not Persons, having no other Knowledge of the Gentleman principally concern'd than what is deriv'd from the Paper now before me; and being wholly a Stranger to the Merit of those Disputes that gave Rise to the Prosecution of this Printer.

Much less shall I turn Advocate for any Lawless Power in Governors. God forbid I should be guilty of such a Prostitution, who know by Experience of what Stuff they are commonly made; the wrong Impessions they are apt to receive of themselves and others; their passions, prejudices and pursuits; tho' when all reasonable Allowances are made for certain Circumstances that attend their Mission from home and their Situation abroad, a considerate Person may be tempted to think: --- it is well they are no worse than they are.

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But to come to my Remarks on Zenger's Trial.

IN considering the Defence made for the Defendant (Mr. Zenger) by his Council (Mr. Hamilton) upon not Guilty pleaded to an Information for printing and publishing a Libel, it is not to the purpose to enquire how far the Matters charged in the Information are in their Nature Libellous, nor whether the Innuendoes are properly used to apply the Matters to Persons, Things and Places. It is only necessary to examine the Truth of this single Proposition, upon which the whole Defence is grounded, and to which the several parts of it refer; namely, that the several matters charged in the Information, are not and cannot be libellous, because they are true in Fact.

This is the Cardinal Point, upon which the learned Gentleman's whole Argument turns, and which he lays down over and over, as the first Principle that governs the Doctrine of Libels; ( Zeng. Trial, p. 12, 13, 22.) and accordingly he confesses the printing and publishing of the Papers laid in the Information, and puts it upon the King's Council to prove the Facts contain'd in them to be false; alledging, at the same Time, that unless that were done, the Defendant could not be Guilty; ( p. 15,16.) but if the same were prov'd to be false, he would own the Papers containing them to be Libels. To this, it seems, the Attorney-General answered, ‘that a Negative is not to be proved’; and the other replied in these Words, which I chuse to set down, that I may not be thought to do him wrong. ( p. 19.) ------- ‘I did expect to hear that a Negative cannot be proved; but every body knows there are many Exceptions to that general Rule: For if a Man is charged with killing another, or stealing his Neighbour's Horse; if he is innocent in the one Case, he may prove the Man said to be killed to be still alive; and the Horse said to be stolen, never to have been out of his Master's Stable, &c. And this I think is proving a Negative.’ Now I must think, that it is strange a Gentleman of his Sagacity, who owns he was prepar'd for the Objection, could not yet hit upon some of these many Exceptions which every body knows. For he does no more than give two Instances of One Affirmative being destroy'd by another that infers a Negative of the first; at which Rate most Negatives may be proved, and then the old Rule may be discarded. Thus, if it is shewn that a Man is alive, it follows clearly that he was not kill'd; and if a Horse is proved to have been always in his Master's Stable (for this is what must be understood of his being never out of the Stable) it certainly follows that he could not be stolen. So that, according to this new Scheme of Proof, he who is accus'd of killing a Man, or stealing a Horse, is to be put upon proving that he did not kill or steal; because it is possible that such Proof may be had sometimes: And so in the principal Case, if a Question arises whether a certain Magistrate has done particular Acts of Injustice of not, the Method is to shew that he did not do such Acts, not that he did them. I have touch'd upon this, not for its importance, but as a Specimen of the learned Barrister's manner of reasoning, and of the Spirit with which he sets out from the beginning.

At length, however, he takes the Onus probandi upon himself, and rather than the Thing should go un-prov'd, generously undertakes, at his Client's Peril, to prove the Matters charged in the Information as libellous, to be true. ( p. 18.) But I would be glad to know, by the way, how this undertaking Gentleman could have proved the Truth of divers Facts contained in the paper which the Defendant published, supposing the Court had been so much over-seen as to let him into a Proof of this Sort. Could he prove, for Example, that Judges were arbitrarily displaced, and new Courts erected, in the Province of New-York, without Consent of the Legislature? For I am credibly inform'd, there never was a Pretence or Surmise of more than One Judge being displaced, or more than one Court erected under Mr. Cosby's Administration, both which happen'd upon one and the same Occasion. [Page 4] Now I would not have this esteem'd a captious Exception, when I have to deal with a Man of Law, who must or ought to know, that if such a Justification as he offer'd were at all allowable, it ought to be full and express, so as to leave no Room for the Libeller to multiply and exaggerate Facts, at his Pleasure, when he is disposed to traduce Persons in Authority; there being a manifest Difference between a single Act of Power without or against Law (from which perhaps few Governments have been free) and an habitual Abuse of Power in repeated Instances of the same Species. I would further ask, how he could prove that the Law it self was at an End, and that Trials by Juries were taken away when a Governor pleased; for if I mistake not, he was, at that Time speaking to a Jury in a regular Court of Law, and in a Prosecution which the Governor had much at Heart (as the Gentleman himself insinuates) and would have been highly pleased to convict his Client, yet would not attempt it but in the ordinary Course of Trial by a Jury, and then too could not find a Jury that would convict him. I think I am warranted in putting these Questions, even by the Authority of the Barrister himself, who says, ‘Truth ought to govern the whole Affair of Libels, and yet the Party accused runs risque enough even then; for if he fails of proving every Tittle he has wrote, and to the Satisfaction of the Court and Jury too, he may find to his cost,’ &c. ( p. 22.)

But for the present I will suppose Mr. Hamilton was able to prove all these Things; nay, that the Jury knew them all to be true. I will go farther and allow, that Juries in Criminal Cases may determine both Law and Fact when they are complicated, if they will take such a Decision upon their Consciences (which is almost the only Point in which I can have the Honour of agreeing with him) yet after all these Concessions, the main Question rests still between us, viz. Whether a Writing can be a Libel, in legal Acceptation, if the matter contained in it be true. He is pleased indeed, to express his Dislike of infamous Papers, even when they are true, if levell'd against private Vices and Faults; and in this Case he calls them base, unworthy, scandalous, unmanly and unmannerly. ( p. 19, 20.) But surely it might be expected, when a Point of Law was in question, that he would have told us whether they were lawful or unlawful, innocent or criminal, since these last are the only Epithets that were relative to his Subject, tho' the first might have their Weight in a Sermon or moral Essay. But it is plain, he was aware of the Consequence of being explicit upon this Head, for had he own'd such Writings to be lawful, because true, he would have alarmed the Common Sense of Mankind, by opening a Door for exposing at Mercy, the Frailties, Vices, Defects and Misfortunes of every Person high and low, which must inevitably destroy the Peace of Families, and beget ill Blood and Disorders. If on the other hand, he had acknowledg'd such Writings to be unlawful inasmuch as they concern'd private Miscarriages and Transactions; but that every Man might write as much Truth as he pleased about the Administration of the Government, not only by pointing out Faults and Mistakes, but by publishing his own Comment and Inferences in Order to fill the Minds of the People with all the Jealousies and Apprehensions his Imagination can form; it must have shock'd Men of Understanding to be thus told, that the Law had provided against private Quarrels and Breaches of the Peace occasion'd by virulent Writing, but had taken no Care to prevent Sedition and publick Disturbance arising from the same Cause.

His Favourite Position, however, was to be maintain'd at all Events; and therefore when the Chief Justice rightly instructed him, that he could not be admitted to give the Truth of a Libel in Evidence, that the Law was clear that he could not justify a Libel; for it is nevertheless a Libel that it is true; ( p. 16.) the discerning Gentleman was pleas'd to understand by the Word ‘justify, a Justification by Plea, as it is in the Case of an Indictment for Murder, or an Assault and Battery; there (says he) the Prisoner cannot [Page 5] justify, but plead not guilty; yet in Murder, he may prove it was in Defence of his Life, his House, &c. and in Assault and Battery, he may give in Evidence, that the other Party struck first, and in both these Cases he will be acquitted.’

If the Party in either Case is acquitted, the Reason is I presume, because the Matter given in Evidence amounts to a Justification in Law of the Fact charged on him, and is equivalent to a Confession and Avoidance in pleading. In like manner, if Truth be a sufficient Justification of a Libel, the Defendant will be acquitted upon proving the Contents of his Paper to be true. Now let it be observed, that the Words of the Book which the Chief Justice relied on are these. ‘It is far far from being a Justification of a Libel, that the Contents thereof are true since the greater Appearance there is of Truth in any malicious Invective, so much the more provoking it is.’ That this is good Law, I hope I shall be able to shew fully hereafter, as I shall shew, in the mean time, that it is an express Authority against the well-read Barrister, who declares, ‘he has not in all his reading, met with an Authority that says, he cannot be admitted to give the Truth in Evidence’, &c. ( p. 16)

He seems to take it for granted (and I shall not dispute it with him now) that Matter of Justification cannot, in any Case, be pleaded specially to an Indictment of Assault or Murder; but the Party is to take Advantage of it in Evidence upon not Guilty pleaded. Let it be so; yet still this Matter must be a sufficient justification, or the Party can have no Benefit from it any way. In an Action of Assault and Battery, where the first Assault must be pleaded specially; the Matter of Justification is just the same, as in an Indictment for the same Offence, where it must be given in Evidence upon the General Issue. I ask then, whether the first Assault is a Justification in an Indictment of Assault and Battery? If the Barrister should answer Negatively, such Answer is against all Sense, for the Party is acquitted by virtue of the Justification only. If he should answer Affirmatively, he is inconsistent with himself, for he has but just affirm'd that when the Book says, Truth is no Justification, it must be understood of a Justification by Plea, by which he must mean that nothing else is a Justification but what is pleaded, or he must mean nothing at all. For the Words of the Book are, ‘it is far from being a Justification’ &c. it is not said, you are far from being at Liberty to plead it in Bar. In truth, the Author is not there speaking of the Forms and Rules of Proceedings upon Libels, but upon the Substance and Nature of the Crime, what shall and what shall not excuse or justify it. (1 Hawk. Ch. 73. [sect] 5,6,7.) This is manifest from the Reason subjoined to support his Assertion, viz. since the greater Appearance there is of Truth, &c. which is a solid Reason grounded on the Wisdom of the Law, which punishes Libels even against private Persons, as Publick Offences, because they provoke Men to Acts of Revenge and Breaches of the Peace. I hope it will not be said that a Libel is less provoking, because the Truth of it is to be given in Evidence, than if it was to be pleaded in Bar.

But all this is Star-Chamber-Doctrine with the Barrister, and the very mention of that Court serves him for an Answer to every Thing, for which he has no other Answer; because the Memory of that Tribunal is justly detested on account of many illegal and exorbitant proceedings. No; this is the Authority of Mr. Serjeant Hawkins (tho' he uses Marginal References to some Start-Chamber Cases) whose Name is too great to receive any Addition from this Paper, and who after a long and studious Search in the Crown-Law, laid down this Proposition for Law at the Time he wrote his Book; and I believe it will appear in the Sequel that he was not mistaken. And now I come to join Issue with the Barrister upon this Point, whether Mr. Serjeant or he is in the right; or in other Words, whether Falsity in Fact be essential to a Libel, so that the Truth of the Fact may be given in Evidence to prove Writing to be no Libel.

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He maintains the Affirmative of the Question, both from what he understands to be the Authorities in the Case, and from the Reason of the Thing. ( Zeng. Trial, p. 16.) All which shall be consider'd in their Order.

The Authorities cited by Mr. Hamilton to support the Proposition formerly stated consist principally of Four Cases, which I shall consider in the Order as they were produced.

The first is the Case of John de Northampton, 18 Ed. III. 3 Inst. 174. which he observes does not appear to have been a Case upon an Information, but that he has good Grounds to say it was upon an Indictment. ( Zeng. Trial, p. 16.) This is what I shall not contest with him, because it is not material, or indeed easy to be determin'd, whithout seeing the Record; tho' I conceive there are Grounds to say it was not upon an Indictment, as was the Case of Adam de Ravensworth, mentioned by LordCoke in the same Chapter. The Case, however, stands thus;

"John de Northampton, an Attorney of the King's Bench wrote a Letter to one Ferrers, one of the King's Council, that neither Sir William Scot Chief Justice, nor his Fellows the King's Justices, nor their Clerks, any great Thing would do by the Commandment of our Lord the King &c. which said John being called, confessed the Letter, &c. ‘ Et quia prædictus Johannes cognivit dictam literam per se scriptam, Roberto de Ferrers, qui est de concilio Regis, quæ litera continet in se nullam veritatem: Prætextu cujus Dom. Rex erga Curiam, & Justiciarios suos habere posset indignationem, quod esset in Scandalum Justic. & Curiæ. Ideo dictus Johannes committitur ’, &c." Here says the Barrister, ‘by this Judgment it appears the libellous Words were utterly false, and there the Falshood was the Crime, and is the Ground of the Judgment.’ For my own part, I can neither see Truth nor Falshood in the Words at the Time they were wrote, for they refer to a future Contingency that might or might not be as he said; and in this respect, they were the same as if the Man had said, the Roof of Westminster-Hall would fall upon Sir William Scot and his Fellows. Besides, the Words taken by themselves have no ill meaning; for I imagine it will be allowed that most of the great Things which Judges do, as Judges, are such as ought neither to be done nor left undone by the King's Commandment. Where then was the Offence? The Record, I think, shews that in the following Words; ‘ prætextu cujus Dom. Rex erga Curiam & Justic. suos habere posset indignationem, &c. Ideo dictus Johannes committitur ’, &c. It is observable, that the Author of this Letter was an Attorney of the Court, and by the Contents thereof he presumes to undertake for the Behaviour of the Judges in some great Matters that concerned their Office. The Letter was address'd to a Person who was of the King's Council and might possibly communicate the Contents of such a Letter to the King; the consequence of which might naturally be that Dom. Rex habere posset indignationem erga Curiam, &c. for great Things were some times done, in those Days, by the King's Commandment; and the Judges, besides, held their Posts at Will and Pleasure.

The Words, ‘ quæ litera continet in se nullam veritatem ’, were therefore proper for the Judges to insert, in order to acquit themselves to the King; but they are no more the Ground of the Judgment than these other Words, ‘ qui est de Consilio Regis ’; both being only incidental Clauses that some in by way of Description: For it is not said; Quia litera a prædicta continet in se nullam veritatem. After all, I would not have this Construction of the Case, plain and natural as it is, pass meerly upon my own Credit; for I shall shew that this Case was so understood by one of the greatest Lawyers of his Time, before Lord Coke's 3d Inst. appear'd in the World.

21. Jac. B.R. Tanfield v. Hiron. Godb. 405, 6.

The Plaintiff brought an Action upon the Case against the Defendant, for delivering of a scandalous Writing to the Prince, &c. Noy for the Plaintiff cited, 18 Ed. III. a Letter was sent to Ferrers, one of the King's [Page 7] Council, the Effect of which was, that Scot Chief Justice, and his Companions of the same Bench, would not do a vain Thing at the Command of the King; yet because he sent such a Letter to the King's Council, altho' he spake no Ill, yet because it might incense the King against the Judges, he was punished. If no Ill was said, will it be pretended that the Falshood of what was said could be a Reason for punishing a Man? Is it not ridiculous to say that the Falshood of innocent or insignificant Words can be Criminal? This Book, therefore follows the Record of Northampton's Case, and says; because it might incense the King against the Judges he was punish'd; which is almost a Translation of prætextu cujus, &c. which was the Ground of the Judgment, Ideo Committitur .

The next Case which the Barrister called to his Aid, is that of the Seven Bishops. State Trials, Vol. 4 and here he relies on a Flourish of one of the Council for the Bishops, and a dubious Expression of one of the Judges, separated from the rest of his Discourse.

Sir Robert Sawyer, 'tis true says, ‘Both the Falsity of it (the Libel) and that it was malicious and seditious, are all Matters of Fact, which they (the King's Council) have offer'd to the Jury no Proof of’, &c. This I must confess, proves on Point to which the Barrister adduced it, viz. that he was not the first who insisted, that to make a Writing a Libel, it must be false. ( p. 17.) And when I have allow'd this, I may almost venture to say, it is the only Point he does prove from the Beginning to the Ending of his long, elaborate Speech. Let me however, oppose to this the Reply of Sir Thomas Powis, in these Words; ‘whether a Libel be true or not, as to the Matter of Fact; was it ever yet permitted in any Court of Justice to be made a Question; on whether the Party is punishable for it? And therefore I wonder to hear these Gentlemen say, that because it is not a false one therefore it is not a Libel’, fol. 382.

Mr. Justice Powel also does say, ‘that to make it a Libel, it must be false; it must be malicious; and it must tend to Sedition’. Upon which Words of this learned and worthy Judge; I would not presume to offer any Comments, except that which other Words of his own afford; that plainly shew in what Sense he then spoke. His subsequent Words are these; ‘they (the Bishops) tell his Majesty, it is not out of Averseness to pay all due Obedience; nor want of tenderness to their Dissenting Fellow-Subjects; but because they do conceive the Thing that was commanded them, was against the Law of the Land; they say, they apprehend the Declaration is illegal, because it is founded on a Dispensing Power; I do not remember in any Case in all our Law, that there is any such Power in the King; and the Case must turn upon that. In short, if there be no such Dispensing Power in the King, then that can be no Libel, which they presented to the King, which says that the Declaration, being founded upon such a pretended Power, is illegal.’ So that the Judge put the whole upon that single Point, whether it be true that the King had such a Dispensing Power, or not; which is a Question of Law, and not of Fact; and accordingly the Judge appeals to his own Reading in the Law, not to Witnesses or other Testimony, for a Decision of it. In truth the Petition of the Bishops is not capable of having Falshood or Truth apply'd to it in any other Sense, there being nothing else affirm'd or deny'd in it, but that they thought they could not do what was commanded them because it was against the Law. This was the Behaviour; these were the Sentiments of that upright Judge, that gain'd him so much Honour among all good Men, as the Barrister takes Notice; not any Opinion of his, that the Contents of a Libel must be false in Fact, to make it a Libel; as he would unfairly insinuate.

Sir Samuel Barnardiston's Case is the third that is touch'd upon; and here too the Gentleman finds nothing that can be strain'd to his Purpose, but the Defendant's Council insisting on the want of proof to the Malice and seditious Intent of the Author. He seems to have forgot that the same Gentleman insisted also to have it proved, that the Defendant was a Person [Page 8] of a turbulent and unquiet Spirit, because these Words were set forth in the Information,and he takes no manner of Notice how all this was answer'd, which I must now do for him, in the Words of the Court; ‘certainly the Law supplies the Proof, if the Thing it self speaks Malice and Sedition. As it is in Murder; we say always in the Indictment, he did it by the Instigation of the Devil: Can the Jury, if they find the Fact, find he did it not by such Instigation? No, that does necessarily attend the very Nature of such an Action or Thing. So in Informations for Offences of this nature, we say, he did it falsely, maliciously, and seditiously, which are the formal Words; but if the Nature of the Thing be such as necessarily imports Malice, Reproach and Scandal to the Government, there needs no Proof but of the Fact done; the Law supplies the rest. How shall any Man prove another Person's Malice, which is a Thing that lies only in a Man's mind? How should any Man know that I am malicious against the Government, but by my Actions?’ These Words, indeed, were pronounc'd by the Chief Justice Jefferies, who was then the Mouth of the Court; but tho' he was really an intemperate Judge (or a Monster, as the Barrister, in his Bar-Language, delights to call him) yet I may safely refer it to all Men of Law, whether these Words could have discredited the best Mouth that ever spoke upon that Bench. ( p. 17.) State-Trials, vol. 3. 851.

An Instance of this Sort may not be impertinent, where a Chief Justice (who was no Monster) addresses himself to a Jury, that was trying a Libel, in this manner: ‘I will not repeat the Particulars to you, only something to what the Defendant has said, that you may not be misled. He says, it does not appear that he did it maliciously or knowingly. There are some Things that you that are of the Jury are not to expect Evidence for, which it is impossible to know but by the Act it self. Malice is conceiv'd in the Heart, no Man knows it, unless he declares it: As in Murder, I have Malice to a Man; no Man knows it. I meet this Man and kill him; the Law calls this Malice. If a Man speak scandalous Words against a Man in his Calling or Trade; he lays his Action, Malice; tho' he cannot prove it but by the Words themselves; you may see, there is Malice supposed to a private Person in that Slander, much more to the King and the State.’ State-Trials, vol. 2. 537.

Tuchin's Case, the Barrister does not properly cite, but endeavours to answer as a Case urged against him by the King's Council; and therefore I shall observe upon it in another Place.

But the Case of Cases is still behind, which he reserved for the last, to make the Point clearer on his side, than all the rest put together could do. ( p. 17.) It is Fuller's Case. State-Trials, vol. 5. 445, 6, 7, 8. And it deserves notice, that altho' Fuller was charged with writing a Libel, yet that was not the Gift of the Information. He was, in truth, prosecuted for being a Cheat and Impostor, by Order of the House of Lords, as the King's Council declare in the Opening.

The Information accordingly sets forth, ‘"That W.F. intending the late King William and his Subjects to deceive, and to get several great Sums of Money fraudulently and deceitfully from the said King; concerning a Correspondency between divers Officers and Subjects of the said late King, and the late King James falsely pretended to be had; did write and Print a Libel, intituled, Original Letters, &c. with the Deposition of T.J. and T.F. Esqrs. proving the Corruption lately practised in this Nation; and the said W.F. afterwards did publish, utter, and for Truth affirm the said several false and scandalous Libels, without any lawful Authority; whereas in Truth the said T.J. did not depose upon his Oath as is contained in the said false and scandalous Libel; but the said scandalous libels are false, feigned, and altogether contrary to Truth ’, &c." Here it is manifest he was accused of a Cheat, in Forging the Correspondence and the Depositions just mentioned, with a Design of getting Money by his pretended Discovery. And hence it comes, that the Judge very properly asks him, ‘have you any Witnesses? If you take upon you to write such Things as you [Page 9] are charged with, it lies upon you to prove them true, at your Peril. How come you to write those Books that are not true? If you have any Witnesses, produce them.’ Thus said, and thus did that great Man, Lord Chief Justice Holt; ( p. 17) but not upon a Trial of the like kind with Mr. Zenger's, as his Council would have it thought. For in this Case the Cheat and the Imposture was the Offence, which consisted wholly in the falsity; that is, in affirming such Things for Realities, when they were nought but Fictions. On the contrary, had he been able to prove those Letters and those Depositions to be authentick, the discovery would have been valuable, and might intitle him perhaps to Favour and Protection instead of Punishment; however irregular he was in taking such a Method to publish Matters of that high Consequence. After this, let the learned Barrister, in all his Reading, shew an Information or Indictment for a Libel, where the Falsity is assigned in Form with ubi re vera, as the Foundation of the Offence; which is done in Fuller's Case; and then I will acknowledge that the Questions put here by Lord Holt, would have been proper upon the Trial of his Client.

This is the Sum of the Barrister's Law-Cases. And is it not high Time to ask, whether such gross Misrepresentations of the Books can proceed from Ignorance or Disingenuity? Be that as it will; it might certainly be expected, that a Proposition advanced with so much Assurance, by a Man of Years and Reading, should have been supported by some One Authority in Point, rather than by a Series of low Prevarication and Quibble. Could he not find in all the Book-Cases and Trials at large concerning Libels (which are sufficient of themselves to make a large Volume) one Example of Proof being received to the Truth or Falsity contained in a libellous Writing? Indeed there is nothing like it to be found; tho' the Occasions have been many, where such Proof might be had, if it were proper; nay, where the Truth of the Thing was notorious to all Men, and yet no Question ever moved concerning it. This shall fully appear in the Sequel.

If any thing can be necessary further to expose Mr. Hamilton's Doctrine of Libels after answering his own Cases, it is only to subjoin some others that will shew how much he is mistaken in almost every thing he has offer'd on the Subject. I shall therefore mention a very few, that will bear a particular Application to his crude Notions, without entering into a Multitude of others, to tire the Reader.

16 Car. 2. The King v. Pym. I Sid. 219, B.R.

Pym was indicted at Exeter for a Libel, which he deliver'd to a Parson to be publish'd in Church there, and was to this Effect; ‘you are desired to be wail the Sodomitry, Wickedness, Whoredom, Lewdness, that is of late broken out in this formerly wellgovern'd City; that God would turn their Hearts from committing those Wickednesses which go unpunished by the Magistrates.’ Pym confess'd the Indictment, and was fined 100 l. He afterwards brought a Writ of Error, and assign'd for Error that this was no Offence, because tho' he says, go unpunished by the Magistrate; yet he does not say that the Magistrate knew of it, and Wickedness unknown can't be punished. It was answer'd by the Court, that this contains matter of great Scandal to the Government of the City, for it makes the late Government better than the present, &c. Hide, Twisden, Keelyng, Windham Just.

I have pitch'd upon this Case, because the Barrister is fond of comparing the Plantations to large Corporations; and he will find here, that even those are not left to the Mercy of Libellers, altho' they do not put in a Claim to the Sacred Rights of Majesty: ( Zeng. Trial, p. 14.) And that a Misbehaviour of this kind to the Magistrates of a Corporation is not entirely innocent, because it is not to be judged of, or punished, as a like Undutifulness would be to our Sovereign. ( p. 14)

This Case was adjudged about four Years after the Restoration, when the Memory of the preceding Usurpation was fresh in every body's Mind. It is strange therefore Mr. Pym did not put himself on his Trial at Exe [Page 10] ter, for it was evident beyond Contradiction to the People of that Age, from their own knowledge, as it is now to us from History, that the Wickedness specified in the Libel was restrain'd by a stricter Hand before, than after the Restoration. But this notorious Truth, it seems, did not avail Mr. Pym.

22 Car. 2. the King v. Saunders. Raym. 201. B.R.

Information for writing a scandalous Libel to H. Rich. who was indebted to him, and kept him out of his Money three Years by obtaining a Protection, and at length getting into the Prison of the King's Bench. Saunders wrote him a Letter, wherein he tells him; ‘that if he had any Honesty, Civility, Sobriety or Humanity, he would not deal so by him; and that he would one Day be damned, and be in Hell for his Cheating’; and cited several Places of Scripture to make good his Allegations. The Defendant was found Guilty, and moved in Arrest of Judgment, that the Substance of the Letter is not Scandalous, but impertinent and insignificant, &c. Cur. The Letter is provocativce, and tends to the incensing Mr. Rich to break the Peace. The Court adjudged the Letter scandalous, and fin'd him 40 Marks. Keelyng, Twisden, Rainsford, Moreton, Inst.

I would entreat the clear-sighted Barrister to look carefully into the Words of this Libel, and try if he can discover any Truth or Falshood in them that was capable of Proof. And I must remark upon both these Cases, that tho' they were adjudged in the Reign of K. Charles II. yet neither of them was upon a State Prosecution, or at a Time when the Spirit of Plots and Factions had infested the Courts of Justice; but they remain unquestionable Authorities at this Day.

State-Trial vol. 5. The Case of Tutchin is strong against him; a Case adjudged since the Revolution, before that learn'd and upright Judge Sir John Holt, and plainly shews the Fallacy that runs throughout his whole Argument.

The Points insisted on by this Chief-Justice, in his Charge to the Jury, were these; ‘to say that corrupt Officers are appointed to administer Affairs is certainly a reflection on the Government. If People should not be called to an Account for possessing the People with an ill Opinion of the Government, no Government can subsist; now you are to consider, whether these Words I have read to you do not tend to beget an ill Opinion of the Administration of the Government; to tell us that those that are employ'd know nothing of the Matter, and those that do know are not employ'd. Men are not adapted to Offices, but Offices to Men, out of a particular Regard to their Interest, and not to their Fitness for the Places. This is the Purport of these Papers.’ If this was the Purport of the Papers, and so criminal as hath been just said, it is amazing surely that Mr. Tutchin did not offer to prove the Truth of these Allegations, and thereby take out their Sting! Could not he possibly think of as many corrupt or incompetent Officers, Ecclesiastical, Civil or Military in England prefer'd by Interest rather than Merit, as there were Judges displaced and Courts erected in New-York? Or if he was restrain'd by the hard-hearted Judge, from desporting himself in this pleasant and spacious Field; could he not apply to the private Knowledge which the Jurors (as well as the rest of Mankind) had of these Matters? For I imagine it will be allowed, that if no Instances of this sort could be shewn at the Time of Tutchin's Trial, it was the only Period within the Memory of Man, or the reach of History, that wanted the like.

But the misfortune was, the poor Man was not bless'd with such skilful Council as is to be had in Philadelphia, to think of these good things for him; ( p. 18.) otherwise you might have heard an alert Advocate (after returning thanks to his Lordship for nothing) address himself to the Jury in this or the like eloquent Strain; ‘then, Gentlemen of the Jury, it is to you we must appeal for Witnesses to the Truth of the Facts we have offer'd, and are deny'd the Liberty to prove; the Law supposes you to be summon'd out of the Neighbourhood where the Fact is alledged to be committed; and the Reason of your being taken out of the Neighbourhood is, because you are suppos'd to have the best Knowledge of the Fact that is [Page 11] to be tried. And were you to find a Verdict against my Client, you must take upon you to say the Papers referr'd to in the Information, and which are proved to be written and published by us, are false, scandalous and seditious. You are Citizens of London, honest and lawful Men, and the Facts which we offer to prove were not committed in a Corner; they are notoriously known to be true. And as we are deny'd the Liberty of giving evidence to prove the truth of what we have published, I will beg leave to lay it down as a standing Rule in such Cases, that the suppressing of Evidence ought always to be taken for the strongest Evidence, and I hope it will have that Weight with you. Lay your hands upon your Hearts, Gentlemen, and recollect. Do none of you know; nay, do not all of you know certain Persons, who shall be nameless, that have been lately promoted by Favour and Interest, to Places of Trust and Profit both in Church and State, Army and Navy; whom you must know and believe in your Consciences to be ill Men and no way qualified for such Preferment; as my sagacious Client has most seasonably remonstrated to the Neighbours, by virtue of that right which every free-born Subject hath of publishing his Complaints, when the Matters so published can be supported with Truth?’ ( p. 12, 22.) But is Lord Holt asleep all this Time? Can any reasonable Man, who has but common Notions of Judicature, imagine that this great Judge would suffer such Trash as this to be thrown out in any Court where he sat in Judgment? But what must he have said if the Libeller before him had offer'd to prove, that the Law itself was at an end; that Trials by Juries were taken away when a Minister pleas'd; that no Man could call any thing his own, or enjoy any Liberty longer than those in the Administration would condescend to let him do it? Would he have said that these Things did not tend to possess the People with an ill Opinion of the Government; and that Governments might well subsist, tho' Men should not be call'd to an Account for publishing the like? or would he have said, it was no matter what Opinion the People had of the Government, nor whether it subsisted or not, provided these Assertions were true; and so have discharged the Man as a Publisher of precious and useful Truths to put the Neighbours on their Guard?

But here also the Barrister lays hold of a Random-Question, put by one of the King's Council to Mr. Montague, who was for the Defendant, and was then touching upon the Affairs of the Navy. Saith the former; will you say they are true? now the latter had hinted as much as that these Things were true, but did it with that Caution which a Man of Skill uses, when he would say something in Support of a lame Cause, but don't care to press an Impropriety too far. For that learned Gentleman was very sensible, that if he had presum'd to insist expressly on the Truth of the Matters contain'd in his Client's Papers, a severe Reprimand was the best thing that could have befallen him. His Words are these; ‘no body can say, that we never had any Mismanagements in the Royal Navy; and whenever that has happen'd, the Merchants of Englandin all Probability have suffer'd for it’. But does the Judge, in his Charge to the Jury, vouchsafe to give this Matter any Answer, or so much as to mention it? Lord Holt did not usually pass by material Things that were offer'd in Defence of Persons tried before him; yet in this Case he makes no Questions or Scruple about the Truth or Falshood of Tutchin's Papers, altho' they contain'd many Things which his Lordship, the Jury, and all the World knew to be **** This candid Judge, however, puts the merits of the whole upon the Scandal of the Government, and the evil Tendency of such Writings. And therefore I must once more call upon the Northern Barrister to shew a single Instance where Witnesses have been produced by Council, and admitted by the Court to prove the Truth of a Libel. When he does this, it will deserve Consideration; but till then he may talk by the Hour without any Meaning.

I could mention some Cases of a more modern Date, that have been adjudged in Westminster-Hall, when this wild Doctrine was not so much as thought of, and when it would not have been altogether useless had [Page 12] it been practicable; but I have chose to mention such only as are reported, that the Books may speak for themselves, and judge between us.

But this Lawyer seems to be above having his Points of Law decided by the Authorities of the Law; and has something in Reserve, which may serve to overthrow not only what has been offer'd in this Paper, but even all the Books of the Law. This is what he calls the Reason of the thing, but is truly and properly a Sketch of his own Politicks; which leads me to shew that the true Reason of the thing here, agrees with the Law, and consequently both these are against this expert Master of Law and Reason.

The Reason of the Thing, as well as it can be collected from a Heap of Particulars huddled together without Order and Method, may be reduced to the three following Heads.

1. The Form of an Information for a Libel, and the Necessity of knowing the Truth of Falshood of its Contents, in order to direct the Judges in awarding arbitrary Punishment.

2. The Right every Man hath of publishing his Complaints, when the Matters so published can be supported with Truth.

3. The Necessity there is of using this Right, in the Plantations especially, by reason of the Difficulty of obtaining Redress against evil Governours by any other Means.

1. It will not be improper to premise, under the first Head, that a Gentleman of the Law, who takes upon him to pronounce so magisterially as the Northern Barrister has done concerning Libels, ought to have consider'd well the Nature and Extent of his Subject. It might be expected that he is not unknowing in any Part of Learning necessary to fix his Idea of a Libel. And yet the present Case would appear to be quite different. This learned Gentleman might have inform'd himself by reading some of the ancient Laws before the Conquest, that when the Falsity of virulent Writings and Speeches was taken into the Description of the Crime, there was a specifick Penalty annex'd, viz. Cutting out the Offender's Tongue, Lamb. Sax. Laws. But this Severity seems to have fallen into Disuse under the Norman Kings; and accordingly Bracton, who wrote in the Reign of Henry III. gives a Description of these Offences as they were understood in his Days, wherein Falsity is neither express'd nor imply'd. These are his Words; ‘Fit autem injuria, non solum cum quis pugno percussus fuerit, verberatus, vulneratus, vel fustibus cæsus; verum cum ei Convitium dictum fuerit, vel de eo factum Carmen famosum & hujusmodi’. Fol. 155. Indeed here is no mention of Libels against the King or the State; the Reason of which seems plainly to be, that Offences of this Sort were considered as a Species of Treason, not only in that Age, but in several Ages after, notwithstanding the Statute 25 Ed. III. and tho' they have by happy Degrees dwindled into Misdemeanours, yet no body except the Barrister will say they are come to have a greater Indulgence from the Law, than the like Offences against private Persons. How far therefore Bracton's Acceptation of a Libel has prevailed ever since, must be submitted upon what has been offer'd in the preceding Part of the Remarks.

Here the Barrister throws in a shrewd Question, arising from the Form of the Information which charges the Libel to be false. ‘This Word FALSE, says he, must have some Meaning, else how came it there? I hope Mr. Attorney will not say he put it there by Chance; and I am of Opinion his Information would not be good without it.’ ( Zeng. Trial p. 15.) By way of Answer to this, I must take Leave to put a Question or two in the same Strain. Suppose an Man brings an Action of Trespass, for violating his Wife, and he fairly sets forth the Truth of the Case, viz. That the Defendant by amorous Addresses, Letters, Presents, &c. did gain the Consent of the Plaintiff's Wife, and at length debauched her. I would ask whether an Action of Trespass thus laid can be supported? I fancy not; and yet this is a more just Account of the Matter, than when vi & armis, viz. Swords, Staves, Knives, &c. are introduced as Instruments of invading this tender part of our Neighbour's Property. Suppose further, a Man kills another whom he never saw or heard [Page 13] of before; and he is accused of Murdering him of Malice fore-thought. How come such Words to be put into an Indictment for a Fact so circumstanc'd? they must have some meaning, surely they are not put there by Chance; and I am of Opinion the Indictment would not be good without them. Why, there is this short Answer to be given to all these Childish Questions: There are many Words used in Pleadings of most kinds, sometimes for Aggravation, sometimes for Comprehension, often in Compliance with Antient Usage, which are not traversable, and many times are incapable of Proof. The Form of Indictments and Informations follows the Nature of the Fact, and sets it out in its worst Dress; and if the Fact is made appear to be unlawful, all the hard Names are supply'd by Implication of Law.

This is not all quoth the Counsellor; ‘it is said, that Truth makes a Libel the more provoking; well, let us agree for once, that Truth is a greater Sin than Falshood: yet as the offences are not equal, and as the Punishment is arbitrary; is it not absolutely necessary that they should know whether the Libel is true or false, that they may by that means be able to proportion the Punishment: for would it not be a sad Case, if the Judges, for want of a due Information, should chance to give as severe a Judgment against a Man for writing or publishing a Lye, as for writing or publishing a Truth?’ ( p. 16.) Now is it not a sad Case, that he should want to be told, that Human Laws don't strictly regard the moral Pravity of Actions, but their Tendency to hurt the Community, whose Peace and Safety are their principal Objects; so that by this Standard only are Punishments measured. If this profound Sophister is of another Opinion, let him give a Reason why it should be a greater Crime in our Law, for a Man to counterfeit a silver Shilling than to cut his Father's Throat.

2. The right of remonstrating or publishing just Complaints, the Barrister thinks the Right of all Freemen: and so think I, provided such Remonstrances and Complaints are made in a lawful way. But when he comes to explain, it is not a Court of Justice, it is not an House of Representatives, it is not a Legislature that is to be troubled (as he phrases it) with these Things. Who then, I pray, is to be troubled with them, for the King it seems is out of the Question? let the Barrister speak for himself; ‘they have a Right (says he) publickly to remonstrate against the Abuses of Power, in the strongest Terms, to put their Neighbours upon their Guard’, &c. and in another Place, he speaks of it as a Hardship, ‘if a Man must be taken up as a Libeller, for telling his Sufferings to his Neighbour’. Now tho' I wish and hope as earnestly as he can do, that a free People may never want the Means of uttering their just Complaints, and of redressing their Wrongs too, when their Complaints are not heard; yet I always thought these Things were better understood than expressed in a Court ourt (sic) of Law; and I shall probably remain in that Opinion, till the learned Gentleman can produce something from the Common or Statute Law, to shew that a British Subject has a Right of appealing publickly to his Neigbours (that is, to the Collective Body of the People) when he is injur'd in his Person, Rights or Possessions. When I am assur'd that he can do this, I promise him I shall not grudge a Voyage to that Country, where Liberty is so well understood and so freely enjoyed, that I may receive the important Discovery from his own instructive Mouth. (p. 29.)

I know the Law-Books assert the Right of Complaining to the Magistrates and Courts of Justice, to the Parliament, to the King himelf; but a Right of Complaining to the Neigbours is what has not occur'd to me. After all, I would not be thought to derogate, by any thing I have said or shall say, from that noble Privilege of a free People, the Liberty of the Press. I think it the Bulwark of all other Liberty, and the surest Defence against Tyranny and Oppression. But still it is a Two-edg'd Weapon, capable of cutting both Ways, and is not therefore to be trusted in the Hands of every Discontented Fool or designing Knave. Men of Sense and Address (who alone deserve publick Attention) will ever [Page 14] be able to convey proper Ideas to the People, in a Time of Danger, without running counter to all Order and Decency, or crying Fire and Murder thro' the Streets, if they chance to awake from a frightful Dream. But I must again urge, that these Points are not fit to be discuss'd in a Court of Justice, whose Jurisdiction is circumscribed by positive and known Laws. Besides, they take Place properly in a Sovereign State which has no Superiour on Earth; and where an injured People can expect no Relief but from an Appeal to Heaven. This is far from being the Case of Colonies; and therefore I come to shew, under the third Head, that the Barrister's Reason of the thingis no other than Reason inverted, which possibly may help the Projects of a Demagogue in America, but can never be reconciled to the Sentiments of a Lawyer, or the Principles of a Patriot; consider'd as a Subject of Great Britain.

3. I have hitherto been taught to believe, that when a brave and free People have resorted to Measures unauthoris'd by the ordinary Course of the Laws; such Measured have been justified by the extraordinary Necessity of the Case, which excluded all other Means of Redress. And as far as I understand the Constitution, and have heard Accounts of the British Colonies, such a Case cannot well hapen and has never yet happen'd among them. But here the Barrister is ready to ask, how must we behave when we are oppressed by a Governour, in a Country where the Courts of Law are said to have no coercive Power over his Person, and where the Representatives of the People are, by his Intrigues, made Accomplices of his Iniquity? certainly it can't be a new Discovery to tell this Lawyer; that as the Governour is a Creature of the Crown, so the most natural and easy Course is to look up to the Hand that made him. And I imagine it may be affirm'd (without catching an Occasion of offering Incense to Majesty) that if one half of the Facts contained in Zenger's Papers, and vouched for true by his Council, had been fairly represented and proved at home, Mr. Cosby would not have continued much longer in his Government; and then the City of New-York might have applied to it self the Inscription of the Gold-Box; ‘ demersæ leges, timefacta libertas, hæ tandem emergunt ’; ( p. 32.) with greater Propriety and Security, than could possibly be derived from the impetuous Harangue of any Lawyer whatsoever. I am the more embolden'd to say thus much, because tho' it is my Lot to dwell in a Colony, where Liberty has not always been well understood, at least not freely enjoy'd, yet I have known a Governour brought to Justice, within these last twenty years, who was not only supported by a Council and Assembly, besides a numerous Party here, but also by powerful Friends at home; all which Advantages were not able to screen him from Censure, Disgrace, and a Removal from the Trust he had abused.

It is not always necessary that particular Persons should leave their Affairs and Families in the Plantations, to prosecute a Governour in Westminster-Hall, unless their Fortunes are equal to the Expence. For it is seldom seen that the Violence of a bad Governour terminates in private Injuries; inasmuch as he can't find his Account in any Thing less than what is of a general and publick Nature. And when this is the Case, I hope none of our Colonies are, even at this time, so destitute, but that they can find the means of making a regular Application to their Sovereign, either in Person or in his Courts at Westminster, as their Case may require.

But the wild Inconsistency that shines through most parts of this Orator's Speech, is peculiarly glaring in that part of it now before me. ( p. 20.) The Remedy which he says our Constitution prescribes for curing or preventing the Diseases of an evil Administration in the Colonies, I shall give in his own Words; ‘has it not been often seen (and I hope it will always be seen) that when the Representatives of a free People are, by just Representations or Remonstrances made sensible of the Sufferings of their Fellow-Subjects, by the Abuse of Power in the Hands of a Governour, they have declared (and loudly too) that they were not ob [Page 15] liged by any Law to support a Governour who goes about to destroy a Province or Colony’, &c. One would imagine, at first Sight, that this Man had the same Notion, with the rest of Mankind, or just Representations and Remonstrances to the Representatives of a free People, which has ever been understood to be by Way of Petition or Address directed and presented to them in Form; in which Case it is hoped, that they, being moved by the Complaints of the People will stretch forth their Arms to help them. ( p. 21.) But alas! we are all mistaken; for he tells us, in the same Breath, that the right Way is by telling our Sufferings to our Neighbours in Gazettes and News-Papers; for the Representatives are not to be troubled with every Injury done by a Governour; besides, they are sometimes in the Plot with the Governour, and the injured Party can have no Redress from their Hands; so that the first Complaint (instead of the last Resort) must be to the Neighbours, and so come about to the Representatives through that Channel.

Now I would be very glad to know, what the Neighbours can do towards effecting the desired Reformation, that will be attended with so good Success and so few ill Consequences, as a regular Application to his Majesty would be. I would be pleasant, doubtless, to hear this Politician speak out and explain himself at large upon this Subject. I confess it surpasses my Comprehension to conceive what the Neighbours inspired with weekly Revelations from the City Journalist, can do with their Governour and Assembly, unless it be to reform them by those persuasive Arguments which the Major vis never wants good Store of. If this be the Patriot's meaning, his Words may possibly be understood; but without this meaning they are meer Jargon.

In a word; I shall agree with the Barrister (and so take my leave of him) that the Liberty of exposing and opposing arbitrary Power is the right of a free People; (p. 29.) and he ought at the same time to admit, That the Order of Things and the Peace of Society, require that extraordinary Means should not be used for this Purpose, till the ordinary have failed in the Experiment. The supreme Magistrate of an independent Kingdom or State cannot always be controul'd by the one, and then the other is justified by that Consideration. But in Colonies that are from their Creation subordinate to their Mother-Country, there is no Person who is not controulable by regular and well known Methods of proceeding; and consequently there can be no absolute Necessity of flying to Extremities, at least in the first Instance. From all which, I conceive, it follows, that local Considerations, upon which the Gentleman lays so great Stress, conclude directly against him; and I hope the Security which the British Constitution affords to every Man's Person, Property and Reputation, as well as to the publick Tranquillity, is not lessen'd by any Distance from the Fountain of Power and Justice; but that a Libel is a Libel, and punishable as such in America as well as in Europe.

I am sensible, there is a Freedom of Expression used in these Papers, of which I should disapprove in the common Cases of Controversy; but I found my self under a Necessity of shewing no Respect to the Performance under Consideration, unless I were to forfeit the little that might be due to the Remarks. For tho' a Lawyer is free, nay oblig'd by the Duty of his Profession, to make the most of the Cause he espouses, (his real Sentiments being suspended for that Time, by reason of the Biass under which he acts) yet when he draws his private Opinion into the Debate, and interests his Passions in the success of it, he then departs from his Character, and becomes a Party rather than an Advocate. In short, there is an Air of Self-sufficiency and Confidence mixt with the whole lump, enough to give a disrelish even to good Sense and good Law, but is nauseous beyond all bearing, when neither of these is found. Among Lawyers, I was sure this Lawyer deserv'd no Answer, and yet an Answer seemed indispensable, not only for the Reasons given at my setting out, but also in order to [Page 16] save many well meaning People from reverencing a piece of Buffoonry, that had been thrust into the World with so much florid Conceit and a Gold-Box tagg'd to the End of it. A piece, wherein the whole common-place of popular Declamation (equally adapted to all popular Occasions) is exhausted, and the Holy Scriptures brought in to season his Jokes. (p. 27.) But as this last seems design'd only for a Sally of Wit and Humour, I shall not offer to detract from its Merit; considering too it had so happy an Effect as to set the good People a laughing, when they heard the Word of God most ingeniously burlesqu'd in a Christian Court. A Piece that hardly shews the Author to have been serious when he pronounc'd it, or his wise Benefactors when they rewarded him; but that his solemn Professions of Principle and Duty compel a charitable Mind to suspect his Knowledge rather than his Sincerity, and Citizens are ever thought to be in earnest when they part with their Gold and shew their Learning. (p. 31;32.)

Sir, I ought to make an Apology to you for trespassing so long upon your Patience, which might have been better employ'd; but I flatter my self with the Hopes of having some Allowance made for an honest, tho' weak Attempt to rescue the Profession of the Law, and the Interest of lawful Liberty from the Disgrace thrown upon both in One of our Sister Colonies. Ths is the Truth, and let it be my Excuse.

I am yours, &c.
Anglo-Americanus.

LETTER II.

SIR,

IT must be mortifying, no doubt, to a Person who has received peculiar Marks of Publick Approbation to be told, that the very Act which procur'd it was so far from being commendable, that it really deserved a severe Censure; and one wou'd the rather decline such an Office, how just soever the Occasion, because it cannot be done without condemning at the same Time, the Judgment of those whose Suffrage had been thus unworthily obtain'd. But when the Laws are openly perverted, and Courts of Justice, with an Air of Gravity, droll'd out of their established Rules by such whose Profession supposes them Ministers of Justice, and when this too shall be dignify'd with Applause, and made highly meritorious, I conceive neither Good-nature, nor the Solemnity of Publick Seals shou'd restrain an honest Pen from exploding the Practice, in order as well to stop the Progress of its evil Effects, as to prevent the like Attempts for the future.

Virtue and Merit, it is most certain, ought to be encouraged, especially by all in Authority; but when that which is meerly counterfeit shall gain Esteem, stand in the room of what is truly genuine, and be actually loaded with the Rewards thereof, it does not only frustrate the Original Intention of such Rewards, but likewise give Countenance to the Impostor, and furnish him with still further Means of vending his false Wares, in Prejudice of the Publick. Now this, with all due Submission, I take to be the Case of the Corporation in North America, with Regard to the Honours they were lately pleased to confer, on a noted Barrister in those Parts, for his supposed Services in the Affair of Zenger the Printer, whose Trial has been so plentifully dispers'd here, and in other Places. Aggregate Bodies, we find may be mistaken, and too often are, as well as private Men; and when they do err, it is of the more dangerous Consequence, on account of the Extent of their Power and Influence. The Province in general of New-York, or the City in particular might, for ought I know, have sufficient Cause of Complaint, in some Respects, against their then Commander in Chief and his Administration; but it is to be considered that as there never was one absolutely free from Faults, so it is the great Privilege of the Inhabitants of every British Government that a proper Channel is chalk'd out, in all such Events, and a Way open for Relief. The Method therefore which the Constitution prescribes ought to [Page 17] be strictly pursued, and any illegal Deviation is not only inconsistent and unjustifiable in it self, but has, besides, a Tendency to introduce Mischiefs more to be dreaded even than those that were sought to be redress'd. It is the Law which must be the Standard of Right and Wrong; and whoever has recourse to any other Aid, or knowingly advises thereto, in the Case of particular Grievances, cannot act on a true Principle of Publick Spirit, but must be influenced by unworthy Motives; and is always more or less an Enemy to the Community, according to his Situation, and in proportion to the Talents he happens to possess. If Mr. Zenger then will avowedly publish Seditious Libels against the Government under which he lives, and his Council will offer to support him by Artifices unbecoming the long Robe, and advancing Propositions manifestly contrary to Law; as the former deserves to be punished by it, so the latter I humbly presume to say, whatever he may claim from his Client, ought not to be paid his Wages by any Set of Men who owe their Being to the Law, and cannot exist without it.

But I shall not scruple to acknowledge here, and I do it on no superficial Observation, that there can't be a more pernicious Creature in a distant Colony than that of a Practitioner of the Law, with much Assurance, little Knowledge, and no Morals; a Character not unheard of in more than one of his Majesty's Plantations, and which yet I would by no means apply to Mr. Hamilton, any otherwise than may appear to be just from the performance he has, it seems, taken so much Pains to publish to the World. The judicious Remarks already made upon it by Anglo-Americanus will hardly leave room for any thing to be added that is very material, and therefore I shall content my self with a few Gleanings only, and make some cursory Reflections thereon, whilst they afford me an Opportunity of bearing my Testimony also against what I think the most indecent Behaviour at least, if it may not be called the boldest Outrage that ever was exhibited from the Bar without a suitable Chastisement.

Whoever has enquired into the Doctrine of Libels, and the Reason of their Punishment, will perceive, that they take their Degrees as they affect private Persons, particular Magistrates, or are aim'd against the Government it self; and I may venture to say, that no Lawyer of Reputation will deny but what is set forth in the Information against John-Peter Zenger was of this last Kind, and that too conceived in the grossest Terms, such as will not admit of a different Construction, or of any other meaning than what is put upon them by the Prosecutor for the Crown. Now I am sensible, that great Allowances are with good Reason made to Council in the Heat of Argument, and when supposed to be animated with a laudable Zeal for their Clients. Nor has it been usual to correct them for every harsh and hasty Expression, provided they keep within Bounds, and stick to that which is their Duty, without running into Matters that have no Relation to the Issue, and cannot fairly serve the Side they espouse. Yet, as the Lord Chancellor Nottingham occasionally said, ‘Council should not speak as if they would abet the Guilt of their Clients rather than advocate for their Innocency.’ And since your ingenious Correspondent has clearly evinced, that the Truth of a Libel cannot be given in Evidence, that it is no Justification, on the general Issue, and consequently no proper Defence to a Charge of that Nature; (of all which Mr. Hamilton could not, or ought not to have been ignorant,) it is worthy of Consideration whether he did not involve himself in his Client's Crime, and partake of his Cuilt, by declaring in the most publick Manner, that the Facts published in the News-Papers, and contained in the Information, were true, and offering to prove them to be so before a Court which had no Power to redress the Grievances complain'd of, 4 Co. 14. Hob. 166,7.

Sir Bartholomew Shower, I remember in his Argument in the Case of the King against Berchet & al. asserts, that ‘"in all Cases of Contempts to a Court, no Presentment is necessary, no not so much as to convict; for if done in Facie Curiæ, a [Page 18] Record may be made of it, and a Punishment judicially inflicted, and that executed immediately’, Show. Rep. 110. And agreeable hereto, we find that in a late Case of the King against Thorogood, Trin. 9 Geor. primi, the Defendant having made an Affidavit in C.B. and appearing on Summons, confess'd that he made it, and that it was false; whereupon the Court recorded his Confession, and ordered that he should be taken into Custody and stand in the Pillory, &c. which was executed accordingly the last day of the Term. Mod. Ca. in Law & Eq. 179, 180. This is the more remarkable, because it was in the Court of Common-Pleas, which has ordinarily no Jurisdiction in the Criminal Cases. May it not from hence be inferr'd (I hint it with a due saving to all the just Privileges of the Bar) that the Court at New-York might well have recorded some of the most seditious Expressions in Mr. Hamilton's Rhapsody, and committed him for the same, &c.? If they had, I doubt the Blame must have center'd in himself, and his own Conduct; of which therefore he might then have had leisure to repent, as well as of his long Journey to so ill a Purpose.

But it will not be amiss perhaps for Example sake, to give an Instance of what has been done on the like Occasion with that before us; and to this End I shall cite a Case in the Court of King's Bench many Years after that of the Star-Chamber was at an end, and which the Words of Sir Thomas Raymond was as followeth; ‘"Memorandum, June 18. 1680, Mr. Nathaniel Reading having been convicted (before Justices of Oyer and Terminer by virtue of a Special Commission) for endeavouring to persuade Bedlow, who was a Witness against the Noblemen imprison'd in the Tower of London, to forbear his Prosecution of them; and he the said Mr. Reading having had Judgment executed upon him by being set in the Pillory, and fin'd 1000l. and imprison'd for the same, but his Fine since pardon'd by the King, came this day into Court, and demanded that an Information which he there brought in his Hand might be received by Mr. Astrey against the Commissioners who condemn'd him, of which my Brother Jones and Brother Dolben were two, and that the Information may be filed. But the Court did declare that he was in the wrong way to exhibit any Information in this manner, and did cause his Words, whereby he did accuse the two Judges of Oppression, to be recorded; and for these Words, and for that he was infamous by having been on the Pillory, the Gentlemen at the Bar did pray that his Gown might be pull'd over his Ears, he having been formerly a Practiser at the Bar, which was ordered and executed in Court; and he was also condemn'd in Court to pay the King 500l, and to lie in Prison till he paid it, Raym. Rep.376"’ The Trial of this Gentleman referr'd to here, may be seen in the State Trials, vol. 2 p. 253. on which Occasion the Lord Chief-Justice North made a Speech aggravating the Defendant's Offence as he was a Council, one who ought to be a Man of Knowledge, and a Minister of Justice to assist the Court wherein he pleaded. He said ‘he thought the Court ought to shew a more than ordinary Severity against such an one; and that 'tis a great Credit and Benefit to the Profession, that the Members of it for such Offences should be dealt with more Severity than we should deal in other Cases.’ Id. p. 374, 5. Far be it from me to make any invidious Comparison here betwixt the present Practiser in Pensilvania and the quondam one in Westminster-Hall, tho' they are both celebrated, the one in the Trial of Mr. Zenger, and the other in his own. It may however be noted that the latter was said to be artful, and affectedly eloquent, and to have strove to lead the Judges out of the Way, while he was told by the Chief-Justice that his Defence was artificial, because it was nothing to the purpose; and by another of the Judges, that he disgrac'd his Profession by making so weak a Defence. But without adverting to any particular parricular (sic) Beauties in the modern Performance, this is certain that Counsellor Reading lost the Bar-Gown by his Art, and Counsellor Hamilton got a Gold-Box of five Ounces, with [Page 19] the Freedom of the City of New-York by his. A pregnant Instance of the Capriciousness of Fate, and of the Justness of your late Correspondent's Observation at the Entrance to his excellent Remarks!

The Gentlemen of the Bar (as indeed it might well be expected from their Education, and the Nature of their Business) have been remarkable for observing the Regard that is due to all in Authority with the utmost Delicacy; and in Return, have always been us'd with suitable Respect. But that the Lawyer of Philadelphia may see the Courts of Justice in former Ages, as well as of late Years, did not spare the unruly Members of the Profession, any more than others, for much less faulty Behaviour than that of the leading Councel in Zenger's Trial, I will refer him to a Case which happen'd Mich. 13 Eliz. Rot. 39, when Henry Blaundford a Counsellor at Law was committed to the Fleet, and fin'd for falsly reporting the Opinion of the Lord Leicester, and Secretary Cecil with these Words, Humanum est errare. And that even Noblemen met with the like Treatment, on such Occasions, will appear from the Case of the Lord Stourton, who, 19 Hen. VIII. was committed by the Court, and fin'd for saying these Words, ‘I am sorry to see Rhetorick rule where Law should.’

Before I proceed, I will mention one Case more, purely to shew how dangerous it is to afford any unlawful Helps to Persons on their Trials in Criminal Prosecutions, even tho' it be merly by way of private Instructions, when such Instructions are to be publickly made use of, and import Scandal to the Government. It is the Case of the King against Aaron Smith, Mich. 35 Car. 2. in B.R. ‘"This Term’ (says the Book which has the Allowance of all the Judges) ‘ Aaron Smith was brought into Court, being formerly convicted on a Trial at Bar for delivering to Stephen College, being upon his Trial at Oxford for High Treason, a Paper of Instructions, full of scandalous Reflections upon the King and Government; as that they might as well have hang'd him at Tyburn as he came by, as brought him thither, only to murder him with a little more Formality. For which the Court gave Judgment that he should pay a Fine of 500l. stand upon the Pillory twice, and be of the good Behaviour for a Twelvemonth,’ Skin Rep. 124. I shall only observe this Case was upon an Information, so much inveigh'd against by Zenger's Councel, and yet I never heard it censur'd at all, as was that of poor College, I own, with too good Reason.

It is now time to take notice, that there is, amidst a heap of Jargon and Absurdities, one obvious Mistake which runs throughout Mr. Hamilton's ostentatious Harangue, and that is in Relation to the Court of Star-Chamber. He wou'd suggest that because that Court was abolished by Act of Parliament, on account of some insufferable Abuses that had crept into it, all the Cases that had been adjudged there, on Informations for Libels, were consequently of no Authority. Whereas the Judgments given there, in Matters properly cognizable before them, which Libelling especially was, are allowed to be good Law at this Day, and are constantly quoted, as such, in the Court of King's Bench. Indeed it is said that the Reasons of disallowing the Star-Chamber-Court, was because their Authority was before and now is in B.R. and consequently that Court unnecessary, Comb. 36. So the Lord Chief Justice Holt declared that B.R. possest all the Lawful Power the Star-Chamber had, Id. 142. And that the Court of Star-Chamber was taken away, because the Crimes were punishable here, 5. Mod. 464; which is likewise intimated by the Statute itself. Now tho' I am as well satisfied, perhaps, with the taking away of the Court of Star-Chamber, considering the Occasion that had been given, as our Northern Barrister can possibly be, and shou'd equally rejoyce, I hope, at the redressing any other publick Grievance; yet I cannot, with him, condemn by the Lump, and argue that because that Court did somethings amiss, therefore it did nothing right. At this rate, every Court that had or has a Being may be in Danger of the same Epithets he loves to bestow on that we are speaking of; and it may as well be suppos'd [Page 20] that because a certain Set of Citizens not unknown to Mr. Hamilton, lately did a very silly thing, they therefore never did a wise one. For which Reason I presume it will not be altogether impertinent to produce the Sentiments of that Oracle of the Law, Sir Edward Coke, concerning the Court of Star-Chamber. ‘"It is (says he) the most Honourable Court, our Parliament excepted, that is in the Christian World, both in Respect of the Judges, and of their Honourable Proceedings according to their just Jurisdiction, and the ancient and just Orders of the Court. For the Judges of the same are, the Grandees of the Realm, the Lord Chancellor, the Lord Treasurer, the Lord President of the King's Council, the Lord Privy Seal, all the Lords Spiritual and Temporal, and others of the King's most Honourable Privy Council, and the Principal Judges of the Realm, and such other Lords of Parliament as the King shall name. And they Judge upon Confession, or Deposition of Witnesses. And the Court cannot sit for hearing of Causes under the Number of eight at the least. And it is truy said, Curia Cameræ Stellatæ, si vetustatem spectemus, est antiquissima, si dignitatem, honoratissima. This Court, the Right Institution and ancient Orders thereof being observed, doth keep all England in quiet."’ (4th. Inst. p. 64.) Conformable hereto, a late learned Writer who was advanced to the highest Post in the Law in a Neigbouring Kingdom to that of our Mother Country, and wherein he dy'd, has a Paragraph, which I believe will give us a truer Account of the Court it self, and the Abolishment of it than what is to be learnt from our Barrister's Speech at New-York, and therefore I will insert it here. ^* ‘"The Court of Star-Chamber whilst kept within due Bounds, was certainly of the greatest use to preserve the Peace and Security of the Kingdom; and perhaps was the only Court which by its ordinary and proper Jurisdiction, cou'd effectually prevent and punish Riots, Perjuries and other Misdemeanors of the highest Nature. But being made use of by the Court to support Proclamations and Orders of State, and to vindicate illegal Commissions and Monopolies, that Extension of their Power became a Grievance insupportable, and the Nation was never easy till that Court was entirely suppress'd by Act of Parliament. The House of Commons were so eager in their Zeal to destroy what they call'd a Court of Inquisition, that tho' the Bill was of so great Consequence, yet they sent it up to the Lords, with only once reading it, and without its being ever committed, which was a Thing, perhaps never before heard of in Parliament.’ Cla. V. 1. 223.

I need only add on this Head that the Crime of Libelling is the same now, as it was while the Court of the Star-Chamber subsisted, and the Nature of the Offence the same then, as now; a Crime that must necessarily be punished as long as there are States and Communities established in the World. And our assuming Barrister will not find an Author that treats of the Crown Law since the Statute of 16 Cha. I Ch. 10. any more than before, but makes use of the Cases adjudged in the Star-Chamber generally as good Law, and of equal Authority in those Matters with such as were afterwards adjudged in the King's Bench. Some indeed are justly liable to Exception in the former, as we have also known too many in the latter, particularly during the next succeeding Reign of Ch. II. none whereof are, however, God be praised, to be met with, or heard of since the glorious and happy Revolution in 1688, which I trust has for ever excluded all Partiality and Oppression from Westminster-Hall.

But the learned Lawyer of Philadelphia declares, that he has not in all his reading met with an Authority that says we cannot be admitted to give the Truth in Evidence upon an Information for a Libel. I don't know what this Gentleman's reading may be; but if he had read some of the [Page 21] Cases above-mentioned which could not well escape him, it might reasonably have been expected he would have taken Warning, been a little more cautious, and not have ventur'd to incur the Penalties which others before him had so justly suffer'd. By all his Reading, he would insinuate, I suppose, that he had read all; and if that were true, it might well be thought he had read to very little Purpose, who could make so ill an Use of it, or think it a Duty on him to go to the utmost Parts of the Land, to propagate Doctrines and Principles diametrically opposite to, and just the Reverse of what he must have read. We shall soon discover that the Barrister's Reading is not quite so extensive as he would have it imagin'd. But it is previously to be ovserved, that if there were no such Authority in terminis as that he calls for, a Man who reads with any tolerable Understanding would of course infer the same Thing, when all the Books of the Subject of Libels lay it down as a Rule, which they unanimously do, that it is not material whether the Libel be true or false. For if that be not material, to what End should the Truth be offer'd in Evidence? Or, how should it be rejected before it was offer'd which undoubtedly is the Reason that there have been no late Instances of that Sort. It might suffice therefore to undertake as often as this wellread Lawyer produced a Precedent of its being demanded from the Bar to give Evidence of the Truth of a Libel, to shew that it was as often deny'd by the Court. And tho' I admit it has been attempted before, on Trials for Libels of the less enormous Kinds, yet he is probably the only one that has done it in any Case within these hundred Years. However, if we would find an Instance of that Sort, we must necessarily have Recourse to the Proceedings of the Court where that Crime was usually punished. The Star-Chamber Reports then may satisfy Mr. Hamilton, that Term Pasc. 7. Car. I. there was the Case of Coston, Gent. v. Hitcham Mil. Servient. ad legem , as follows. ‘"The Defendent, the Morning before he went to the Sessions, being a Justice of the Peace, received scandalous and libellous Articles against the Plaintiff, carry'd them to the Sessions in his Pocket, and in open Court, in disgrace of the Plaintiff, pull'd them out and said, you shall see what a lewd Fellow this is, and not fit to speak in this Place, and then caus'd the said libellous Articles to be read in the publick Sessions. And the Plaintiff then desiring a Copy of them, and to be tried upon them, the Witnesses to prove them being noted in the Margin, the Defendant did not suffer him to have a Copy, or to be tried thereupon, nor took any Course that he might at the next Sessions or at any Time after be questioned for them, but took the Articles again out of the Sessions and carried them away. And after, further to disgrace the Plaintiff in his Practice (being an Attorney) sent the said Articles to Mr. Justice Harvey, at the Reference of a Cause to him, which Coston attended; and a Jury having given a Verdict against the Defendant, he sent for the Jurors and question'd them about their Verdict, and told them they were a Company of Fools, and that if there had been but one wise Man among them their Verdict had not been so. And for these Offences he was committed to the Fleet and fined 200l. In this Cause the Defendant would have had Witnesses to prove the Matter of the said scandalous Articles to be true, but that was disallowed by the Court. Rush. Col. vol. 3. p. 36. in Append."’ This I presume the Barrister, when he is serious, will alow to be in Point, tho' it happen'd not to fall in the way of his Reading. He cannot object surely, that it does not appear to be on an Information preferr'd by the Attorney General, since it is a much stronger Case than if it had. For if the Court would not receive such Evidence in a Cause depending on the Complaint of a petty Sollicitor for being libell'd, and this too preferr'd against a Justice of Peace, a Knight, and a Serjeant at Law; a fortiori , they would never admit it on an Information exhibited by his Majesty's Attorney General, against a private Person for libelling the Government.

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There was also as I have learnt divers Years before, viz. Mich. 2 Jac. the Case of Peter Brereton Clerk, for writing a scandalous Letter to Loyd Register of the Bishop of St. Asaph, and sent to himself, who was therein charg'd with Bribery and Extortion in his Office; for which libellous Letter the Defendant was sentenc'd, tho' as the Book has it, he would have undertaken to prove the Contents of the Letter to be true. Here then are two Precedents of what the Barrister himself had never met with in all his Reading; the one in a Case for libelling a practising Attorney, and the other of the Register of a Bishop's Court; but I believe I may defy this Gentleman, if he were to read as many more Years as he has done, to produce a third, where the Offence under Prosecution, being of the highest Degree, and levell'd at the Government, like that for which he was so zealous an Advocate, the Council for the Defendant dar'd to offer Evidence of the truth of it. On the contrary, if he had dipt into the Lord Chief Justice Keelyng's Reports, fol. 23 (before he left his Chambers) he would have there found it resolved by the whole Court, that ‘tho' a Counsellor at Law may plead his Client's Cause against the King, yet if under Colour of that, he takes upon him to vent Sedition, he is to be punished.’

It is no wonder indeed if our Barrister should be unapprized of Brereton's Case, it not being (at least to my knowledge) in Print; and you perceive I was under no necessity of mentioning it, being before provided with an Authority to my purpose. But it is reported as above in ^* Sir Thomas Mallet's MS. Treatise of the Court of Star-Chamber, a Copy whereof has fallen into my Hands by the favour of a Friend. And since I have named this Work, I shall with his leave, take a Paragraph out of it, which I am persuaded will not be deemed unsuitable to the present Debate, after hinting that the Book seems to be wrote in the time of James I. when the Doctrine now revived, and so tenaciously advanced by Mr. Hamilton is said to have been long before exploded as a gross Error. <‘"There are’ (says Sir Thomas) ‘two gross Errors crept into the World concerning Libels; the one, that it is no Libel if the Party put his hand unto it, and the other that it is not a Libel if it be true; both which have been long since exploded out of this Court. For the first, the Cause why the Law punisheth libels, is for that they tend to raise the Breach of the Peace, which may as well be done, and more easily when the Hand is subscribed, than when it is not. And for the other, it hath been ever agreed, that it is not the Matter but the Manner which is punishable. For libelling against a common Strumpet is as great an Offence, as against an honest Woman, and perhaps more dangerous to the Breach of the Peace; for as the Woman said, she should never grieve to be told of her red Nose if she had not one indeed. Neither is it a Ground to examine the Truth or Falsehood of a Libel, because it is sub Judice, whether it be a Libel or not; for that takes away Subjectum Quæstionis, and determines it to be no Libel by admitting the Defendant to prove the Truth, and the Defendant in that Case ought to plead a Justification and Demur in Law. But if he plead not Guilty, the Question is gone whether it be a Libel or not."’ Thus according to this Author's Opinion, who, if I mistake not, was one of the Justices of the Court of King's Bench in his Time, Mr. Hamilton, cou'd he really have persuaded himself that the Matter charged in the Information were not Libellous, as he insists they are not, wou'd have discovered more Accuracy in his Profession, as well as Candour in his Practice, by advising his Client to Demur to it, whereby he wou'd have admitted no more than what was avowed at the Trial on the general Issue. Then indeed it would have fairly come before the Court to be considered whether the Papers were libellous or not, and he as Council for the Defendant might regularly have been heard to it.

He wou'd then have been at liberty to exert his uncommon Talents, manifest his extraordinary Reading, his superiour Genius and great Skill in Language, and in explain [Page 23] ing the true import of Words, without so directly flying in the Face of every Authority, and opposing all the Cases that ever were adjudged concerning Libels before he was born and since. But alas! That would not have answered the Intention of our eloquent Barrister. He would not then have had it in his power to use his Arts, and play his Game with a dozen honest men of as good natural understandings perhaps, tho' not of equal Experience and Cunning with himself. If he had gone that way to work, he would have had no chance for the Prize. Vain had been his Expedition, and lost, entirely lost, all his Labour. In a word, if the Learning and Integrity of the Bar only were required, he might as well have stayed at home, where, if I am rightly inform'd, there are Instances in abundance of the blessed effects of Mr. Hamilton's well-known Principles.

This sagacious Gentleman begs leave to observe, that Informations for Libels is a Child, if not born, yet nursed up and brought to full Maturity in the Court of Star-Chamber: But what is particularly to be inferr'd from this shrewd Observation, he does not at present tell us. If the Star-Chamber was the Court where Crimes of this Nature were generally punished, according to its ordinary and proper Jurisdiction, as it certainly was, how should it be otherwise than that Informations for Libels must be met with there? And considering the Antiquity of that Court, 'tis more than probable the Crime was first prosectuted and punished in it. But what then? Is the Legitimacy of the Child (if I may be allowed to carry on the Metaphor) therefore to be called in question? Or its Education the less honourable? I might put our witty Barrister in mind, that what I have mention'd is the very Reason why the spurious Brat he is so fond of, which was never brought to full Maturity, nor ever will, first appeared in the Star-Chamber, tho' it has not been heard of since in any other Court till very lately at New-York; I mean that of making Falshood to be essential to a Libel, and claiming a Right to give Evidence of the Truth of it by way of Justification.

He must however intend by the foregoing Passage to impeach the Legality of Informations qua such (which by some Words that drop from him many Pages after, would seem to be what he aims at) or as they relate only to Libels; and in either Case he will again betray the Scantiness of his Reading and Knowledge in the Law. As to Informations in general, it has been incontestably prov'd that this Method of Proceeding is ‘no way contrarient to any fundamental Rule of Law, but agreeable to it’. That it was the ‘constant Usage, and had the Approbation of the Judges and Lawyers of all Ages, and in all Reigns’, Show. Rep. 106, to 125. And in the Case of the Information against Seventy poor Persons for a Riot in pulling down Fences, &c. 2 W. & M. (which probably may be the same) it was said by Lord Chief Justice Holt, that ‘"the Lord Chief Justice Hales complain'd of the Abuse of Informations, but not that they were unlawful; ----- That he shou'd not come now and impeach the Judgment of all his Predecessors; ----- That the Star-Chamber was not set up by the Statute of Hen. 7. but was as Common-Law, and Informations were accordingly brought in that Court and others. And the whole Court were of Opinion that Informations lay at common Law, 5 Mod. 463,4."’ Now this I take to be as good an Authority as the extrajudicial Opinions of those anonymous Great Men who Mr. Hamilton says, ‘have boldly asserted that the mode of Prosecution by Information is a National Grievance and greatly inconsistent with the Freedom which the Subjects of England enjoy in most other Cases’; nor can one forbear observing, en passant , that he seems much more dispos'd, where there is no Danger at least, to follow the Example of bold than of wise and judicious Men.

This then being a Legal Course of Proceeding in Criminal Cases, and for all publick Offences, it must undeniably be as proper in the Case of Libels as in any others. And Sir B. Shower in reckoning up the several Crimes that were cognizable in the Court of Star-Chamber, includes Libels a [Page 24] mong the rest, for which he says, ‘There were always Informations in the Star-Chamber and King's-Bench’. Show. 119. I am the more free in borrowing what I do from that eminent Practiser, on the Subject of Informations, because he had studied it well, and taken more than usual Pains therein; and as the Judgment afterwards given by the Court of King's Bench was pursuant thereto, so it seems to have put a Period in Westminster-Hall, to all Cavils against that Mode of Prosecution.

If the Barister means notwithstanding to suggest moreover, that Informations for Libels are but of modern Date, or little longer Standing than about the Time of the Expiration of that Court, where he supposes they had their Origine, let him be further refuted by the above mentioned Sir Thomas Mallet, who wrote professedly on the Court of Star-Chamber, and may be supposed to be pretty well acquainted with his Subject. He tells us, that ^* ‘"In all Ages Libels have been severely punished in this Court, but most specially when they began to grow frequent about 42 and 43 Eliz. when Sir Edward Coke was her Attorney General."’ And, treating of the Antiquity of that Court, he makes it very probably, that ^† It was the most ancient of any Court of Justice, and the Mother-Court of the Kingdom; wherein he does not differ from Sir Edward himself, in his 4th Inst. 64, already quoted. Now 'twas while this consummate Lawyer, it seems, was Attorney General to the renowned Queen Elizabeth, that Informations for Libels began to be most frequent, or in Mr. Hamilton's elegant Stile, when the Child was brought to full Maturity: And it is readily submitted to all who are vers'd in our History and Constitution, whether that Period will be any Disparagement to the Offspring.

But if Informations for Libels in particular were one of the Grievances of that Court, nay the chief, as the Barrister would labour to make his Hearers believe, how came they to be practis'd after the Abolishment of it? Or what will he say to the Case of the King against Darby, which was an Information exhibited against the Defendant, being an Attorney of the Common-Pleas, for defamatory Words only of Sir John Kay a Justice of Peace concerning concerniug (sic) the Exercise of his Office? The Words were, as they are set forth in Comb. 65. Sir John Kay is a Buffle-headed Fellow, (a pretty Thing to be proved in Court!) understands not Law, and is not fit to discourse it with me; he hath not done Justice to my Client. There it was argued for the Defendant on a Demurrer, (and I chuse to recite it because of the Concessions of his Council against our Northern Advocate,) ‘"That an Information would not lie for scandalous Words spoken only of a particular Person, because he might have an Action on the Case to recompence him in Damages. 'Tis true, such a Proceeding might be warranted for Libels, or for dispersing defamatory Letters, because by such Means the publick Peace might be disturbed, and Discords fomented amongst Neighbours, which might at last be a publick Injury: But there is no such Thing alledged in this Case, only Words in common Discourse, for which an Action on the Case might lie, but no Information. On the other Side it was insisted, That this Information was founded on sufficient Matter, because the Prosecution is not only as it respects the Person of Sir John Kay, but it relates to him as he is a publick Magistrate, and who is subordinate to the Government, and therefore such defamatory Words are a Reproach to the supreme Governor, by whom Magistrates are intrusted, and from whom they derive their Authority; and it will not be deny'd, but that Words reflecting on the publisck Government are punishable at the Suit of the King by an Information. ----- And for this reason the Court held that an Information would lie, and thereupon gave Judgment against the Defendant, and fined him an Hundred Marks.’ Carth. 14, 15.

[Page 25]

Mr. Hamilton, who would seem to be more knowing than his Neighbours in many Things, affects to be more ignorant than every body, of what constitutes a Libel; and therefore altho' he pretends freely to acknowledge there are such Things as Libels, yet he insists at the same Time that what his Client is charged with, is not one; and if it be not, I will as freely acknowledge there can be no such Thing. He desires the Attorney-General ‘to favour them with some Standard Definition of a Libel, by which it may be certainly known whether a Writing be a Libel, yea or not.’ And what is this for? Why truly to shorten the Dispute. But what Dispute does he speak of? The only Point that could admit of Dispute had been given up before by his confessing the Matters in Issue, and the Prosecutors Witnesses being thereupon discharged. As to what he requires, either there was such a Definition to be met with in the Books, or there was not: if there was, he ought to have known it; if there was not, why should he desire Mr. Attorney to favour him with one? Yet after he had been indulged beyond measure, and a Definition was produced from a good Author, who besides refers to several others that are unquestionable, all which conclude against his Client; is this loquacious Advocate contented? No. There are two Words to that bargain, as he had said before. He makes it a Foundation for further Disputes, and according to his wonted Ingenuity and Candour throughout his Reverie calls the concurrent Sense of our Books, Mr. Attorney's Rule, and Mr. Attorney's Doctrine.

‘"But what certain Standard-Rule’, quoth he, ‘have the Books laid down, by which we can certainly know whether the Words are malicious? Whether they are defamatory? Whether they tend to a Breach of the Peace? and are a sufficient Ground to provoke a Man, his Family or Friends to Acts of Revenge?’ &c." Now these Queries methinks do not so well become the Mouth of an Acvocate, as they might that of his Client when abandoned to his own Defence in a desperate Cause. But I answer, no Rules certainly can be of Use to those who are determined to act without any, or in Opposition to all Rules, in which Class our Northern Barrister must be placed, if we are to frame a Judgment of him from the Share he bore in this Trial. The Rule laid down in our Books concerning Libels (I speak of Libels in the strict Sense according to the Definition of Mr. Serjeant Hawkins referred to in the Trial, and which alone concerns the present Case) is founded on the Reason of the thing; and is the same which is to be observed in other Matters that depend upon the Construction of Words and Writings, which are Signs only, or Images of Ideas intended to be conveyed to the Understandings of the Reader. There may indeed, be divers Rules applied according to the Circumstances of the Case; and this among the rest, that where Words are capable of two Senses, the one faulty, the other innocent; the latter is to be taken, provided such a Construction may be made without violence to their natural Import and Meaning. From whence it will follow, that the same Cases may happen that are doubtful, and do not come under any Standard-Rule, on all which Occasions honest and upright Judges will incline to the favourable side: There may be others again so clear and evident, that a Man must resign his Reason, or resolve to sacrifice his Conscience that does not discern, or will not allow them to be Libellous. But in none of these Cases can it come properly to be a Question before the Jury, whether a libel or not, on the Plea of not Guilty, tho' it might afterwards be so, before the Court in Arrest of Judgment. By what has been said, there appears to be Latitude enough for a skilful Pen, (who notwithstanding must do it at his Peril) to lash publick and private Vices, to caution the People against Measures that may be hurtful to them, or to remonstrate against the evil Practices even of those in Power, without being always exposed to the Penalties of the Law. Such a Liberty of Writing and Printing, under due Restriction, I own Englishmen ought not, and I hope never will be deprived of; and where this is dextrously done, it would be rediculous for private [Page 26] Persons to put the Cap on their own Heads, and no less impolitick for those in high Stations to apply every thing to their Administration. When such a Work is undertaken by able Hands, and with a generous View of serving the Publick, it is always laudable, and often very useful; but to succeed herein, requires a Capacity and Talents not to be discovered in Mr. Zenger's News-Papers, or his Council's Speech.

I perceive my Letter is unawares run to a great Length, by the Quotations that are interspers'd, and which yet I am sensible is the least Exceptionable part of it. I shall therefore take notice but of one thing more in this matchless Harangue, which indeed ought not to be forgot because it is made the Basis and Foundation of the whole; and that is concerning the Right of Freemen to complain when they are hurt. This our Lawyer often asserts in general Terms, with some Variation only of the Expression. As to which, I wou'd ask whether by it he means a Right to remonstrate and complain in a Legal way, or a Right in all Cases to appeal to the People by seditious and scandalous Libels? If the former, no body ever deny'd it, and what he said was not ad idem; so that he was fighting with the Air, and quarrelling without an Adversary: If the latter, he dishonour'd his Gown by advancing what is notoriously repugnant to all Laws human and divine. It was rul'd in the Court of B. R. Trin. 16 Car. That altho' a Bill be prefer'd in the Star-Chamber against a Judge for Corruption, or any other for any great Misdemeanor, yet if the Plaintiff will tell the Effect of his Bill in a Tavern, or any open Place, and by that means scandalize the Defendant, the same is punishable in another Court. March Rep. 76, 77. So in the Case of Hole and Mellers, 28 Eliz. in C. B. it was said by the Court, that altho' the Queen is the Head and Fountain of Justice, and therefore it is lawful for all her Subjects to resort unto her ad faciendam Querimoniam , yet if a Subject, after the Bill once exhibited, will divulge the Matter therein comprehended, to the Disgrace and Discredit of the Person intended, it is good Cause of Action, 3 Leon. 138. And to the same Purpose, in a much later Case, viz. that of Lake and King, reported in many of our Books, to which Mr. Serjeant Hawkins refers, it seems agreed, as he observes, that whoever delivers a Paper full of Reflections on any Person in Nature of a Petition to a Committee of Parliament, to any other Person except the Members of Parliament, may be punished as the Publisher of a Libel, in respect of such a dispersing thereof among those who have nothing to do with it. I Hawk. Chap. 74. Sect. 12.

But our forward Barrister, aged and infirm as he represents himself (which compar'd with the Conduct is the keenest Satyr that could be suggested of him) ought to be further instructed, that even where Complaints are to the King himself, they must be made in a proper and regular Manner, a Decency is to be observ'd, and a Regard always had to the Characters, and Stations of the Persons against whom such Complaints are made. In 13 R. II. Rot. Parliament. No. 45, the Commons desir'd they might not be troubled for any Matter that should be contained in Petitions to the King; and the King answer'd, let every Man complain, so it be with Law and Reason. It is lawful therefore, no doubt, as it has been resolv'd, ‘for any Subject to petition to the King for Redress, in an humble and modest Manner, where he finds himself aggrieved by a Sentence of Judgment; for Access to the Sovereign must not be shut up in Case of the Subjects Distresses. But on the other side, it is not permitted under Colour of a Petition and Refuge to the King, to rail upon the Judge or his Sentence, and to make himself Judge in his own Cause by prejudging it before a Rehearing.’ Hob. 220. Yet Sir Rowland Flaxing was committed and deeply fined for reporting to the King, that he could have no Indifferency before the Lords of the Council. 7 Feb. 18 Hen. 8. So likewise in the Time of Hen. 7 Sir Richard Terrets was committed, fined, sent to the Pillory, and adjudged to lose both his Ears, for his slanderous Complaint exhibited to the King in a written Book against the Chief Justice Fitz-James. Which Cases are cited by Chief Justice Montague, [Page 27] in the Case of Wraynham, (who was severely punished for an Offence of the same Nature) as reported in the Collections relating to the Life of Lord Verulam, P. 22. To these may be added, Jeffe's Case in the Kings-Bench, Mich. 5 Car. Jeffe was indicted, for exhibiting an infamous Libel directed to the King against Sir Edward Coke, late Chief Justice of the King's-Bench, and against the said Court, for a Judgment given in the said Court in the Case of Magdalen-College, affirming the said Judgment to be Treason, and calling him therein Traitor, perjur'd Judge, and scandalizing all the Professors of the Law. He fixed this Libel upon the great Gate at the Entrance of Westminster-Hall, and in divers other Places; and being hereupon arraigned, prayed that Counsel might be assign'd him, which was granted; and he had them, but would not be ruled to plead as they advised, but put in a scandalous Plea; and insisting upon it, affirmed he would not plead otherwise. Whereupon it was adjudged he should be committed to the Marshal, and that he should stand upon the Pillory at Westminster and Cheapside, with a Paper mentioning the Offence, and with such a Paper be brought to all the Courts of Westminster, and be continued in Prison, until he made his Submission in every Court, and that he should be bound with Sureties to be of good Behaviour during his Life, and pay a thousand Pounds Fine to the King. Cro. Car. 175, 6.

What now shall we say, or what must be thought of one who, while he pretends to great Reading and a thorow Knowledge of these Things, could yet in the Face of a Court, and in Defiance of its Authority, and indeed of all Authority, presume to justify the Publication of the most audacious Libels against that very Government under which he was breathing the Sedition! A Person, who, as a Counsellor at Law, boasting at the same time of having seen the Practice in very great Courts, would dare to call such Publication, address'd to the People, The just Complaints of a Number of Men who suffer under a bad Administration! Some of the Words charged in the Information, and which Mr. Hamilton offer'd to prove, are, That the Law was at an end. I can't tell what Proof he had to give of this Fact, but surely if his Doctrine were to prevail, it must soon be the Case; and for my own Part, I will confess, I have not hitherto heard of any Thing in that Province, which look'd so much like it, as that such a Behaviour should not only go unpunish'd, but be attended with publick Munificence and Applause. The Truth is, this Gentleman, tho' stil'd a Barrister at Law in the Order of the Common Council of the City of New-York, and which Title therefore I have likewise given him, seems notwithstanding, instead of maintaining that Character, in the Trial before us, to be rather possess'd with a Fit of Knight Errantry, and to have sally'd out from Philadelphia to the other Province, with a full Resolution to encounter every thing that was Law, and to level all to the Ground that stood in his Way. Let the Reader then be Judge upon the whole, whether he comes within the Description of that mischievous Animal I mentioned towards the Beginning of these Sheets.

After all, I flatter my self it will not be imagined, that I was stimulated to these hasty Animadversions by a Principle of Envy to Mr. Hamilton, or any Disrespect to those who were pleased to patronize his Performance, since they are utter Strangers to me, and probably will ever remain so. On the contrary, they may believe me, when I declare, that if the one had really merited what the others were of Opinion he did, I should with much more Pleasure have signify'd my Approbation of the Conduct of both, than I now take in shewing my Dislike. 'Tis on this score, Sir, that I cannot conclude, without publickly returning my Share of the Thanks that are due from the Fraternity to your Friend, the polite Author of the former Letter, who has done Justice to the Bar by his Remarks, which in my humble Apprehension, are worthy of any Gentleman at it, either here or elsewhere.

I am Yours, &c.
INDUS BRITANNICUS.

FINIS.

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

VPon Wednesday the 23 of August, our red Regiment, of the Train'd Bands marched into the new Artillery ground, and from thence that night wee marched to Brainford, and came thither about one a clocke in the morning; from whence the next day many of our Citizens, who seemed very forward and willing at the first to march with us, yet upon some pretences and faire excuses returned home againe hiring others to goe in their roome; others returned home againe the same night before they came to Brainford.

Upon Friday the 25 of August, wee advanced from Brainford to Vxbridge, where our Regiments were Quartered there that night, and marched away the next morning.

Saterday the 26 of August we advanced to a Towne 6 miles beyond Vxbridge called Chaffan, where wee were quartered that night; at this towne a souldier belonging to Lievtenant Colonell Tompson was accidentally slaine by shooting off a musket by one of his fellow Souldiers though at a great distance from him, yet shot him in the head whereof hee died.

Sabbath day 27 August, we advanced from Chaffan neere to a village called Chessun; this day the Blew Regiment of the Trained Bands, and the three Regiments of the Auxiliary forces met us upon a great Common about three miles from Chessun, our whole Regiment was quartered at one Mr. Cheyneys house an Esquire, where we were well accommodated for Beere having great plenty, tow or three hundred of us this night lay in one Barne.

Monday the 28 of August, we advanced from thence to a towne called Asson-Clinton a little village 3 miles from Alesbury, wee continued here one day and two nights.

Wednesday the 30 of August, wee advanced from thence to a village [Page [2]] called Clayden; this day the Lord Generalls Army and our Regiments of the Trained Band, together with the Auxiliarie forces met at Alesbury; the great Guns were fired at every Fort about the Towne, as the Lord Generall passed by: This was the Fast day: our Regiment was quartered this night at Sir Ralph Verneys House a Parliament man; his Father the Kings Standart-bearer was slain at Edge hill.

Thursday the 31 of August, wee advanced from thence to a village called Stretton-Araley; this night all our Brigade consisting of six Regiments; viz: Colonell Manwarings Red Regiment, two Regiments of Trained Bands, and three of the Auxiliary, were all quartered at this little village, it is conceived wee were in all of this Brigade about 5000. here was little provision either for Officers or souldiers, the night before we came hither, the Cavaliers were at Bister two miles from this village and 6 miles from Oxford but were beaten out of it by our souldiers and the Lord Generall with his army quartered there this night.

Friday the 1 day of September, wee advanced from hence to a place called Bayards-greene in Oxford shire, being three miles distant from Brackley, and eight miles from Banbury, where our Brigade met my Lord Generall with his whole Army; whereat was great shouting and Triumph as he passed by to take a view of our Regiments, the whole Army being drawne up in their severall Regiments, continued there about an houre and then we marched away: It was a goodly and glorious sight to see the whole Army of Horse and foot together; it is conceived by those that viewed our Army well, that wee did consist of (to speake of the least) 15000 horse and foot, some speak of many more. This day good newes was brought to us concerning Glocester, and Exeter. From hence we marched this day to a village called Souldern, foure miles from Banbury, where our six Regiments that came from London were Quartered; and my Lord Generall and the rest of the Army were Quartered about a little mile from us, at a Market town called Ano on the hill; we were very much scanted of Victualls in this place.

Saterday 2 Septem. wee advanced from hence to Hooknorton, 25 miles from Glocester, at which Village our whole Brigade was quartered. This day the Lord Generals Troops had some skirmish with the Cavaliers; it is reported there was eight slaine of the enemies party and one on ours. From hence we marched away the next morning.

Sabbath day 3 Septemb. wee advanced from hence to a little Village called Addington about a mile from Stow the Old, the hithermost town in Glocester-shire, and about 20 miles from Glocester; where in our march this day, wee againe met the Lord Generalls Army, upon a great common about halfe a mile from Chippingnorton; at which place also our five Regiments departed from his Army, and [Page [3]] marched to the Village aforesaid. The blew Regiment of the Train'd bands marched in the van and tooke up the first quarter in the town; the other 3 Regiments of the Auxiliary forces, were quartered at the adjacent villages; whereupon our red Regiment of the Trained Band was constrained to march halfe a mile further to get quarter, we were now in the Van of the whole Army, having not so much as one Troope of Horse quartered neer us: but we were no sooner in our quarters , and set downe our armes, intending a little to refresh our selves; but presently there was an Alarme beat up, and wee being the frontier Regiment neerest the enemy, were presently all drawn up into a Body, and stood upon our guard all that night, we were in great distraction, having not any horse to send out as Scouts, to give us any intelligence: my Lord Generall with his Army lay at Chippingnorton, about three miles behind us; who had an Alarm there given by the enemy the same night also: Our Regiment stood in the open field all night, having neither bread nor water to refresh our selves, having also marched the day before without any sustenance neither durst we kindle any fire though it was a very cold night.

Munday 3 Septemb. we got some refreshment for our souldiers, which was no sooner done, but news was brought to us, that the enemy was within halfe a mile of the Town, which proved to be true, for presently one rid downe to us having his horse shot in the neck all bloody, and told us the enemy was at the towns end; also one Trooper slaine a quarter of a mile above the town, one of our souldiers stript him, and brought his clothes to us: It was a little open Village, the enemy might have come in upon us every way, therefore we conceiving it not safe to abide in the town, drew up our Regiment presently in a body, and marched into a broad open field to the top of the hil, the blew Regiment of the train'd Bands were quartered within lesse than half a mile of us, but came not up to us: Being come into the field we saw about 4 or 5000 of the enemies horse surrounding of us, one rid post to my Lord Generall to informe him of it. One great body of their horse stood facing of us upon the top of the hill at our townes end, within lesse than a quarter of a mile from us, another great body of their horse was in the valley, upon our right flank as we stood; and a third great squadron of their horse were going up to the top of a hill, in the reere of us; by all which it appeares, they had an intent to have surrounded our City Regiment, and to have cut us off; we stood and faced one another for the space of [Page [4]] halfe an houre; then 6, or 7. of our men who had horses, rod up to them and came within lesse then musket shot, florishing their swords, daring them, and one or two of our men fired upon their forlorne hope: we had lyned the hedges with musketeers, which they perceiving did not move towards our body, but only stood and faced us. Then some of the Auxiliary forces came up to us, at whose coming we gave a great shout: and then by and by after we saw my Lord Generals forces comming down the hill about a mile and halfe behind us: my Lord drevv out the forlorn hope upon the hil as they came dovvn; who fired 3 or 4. Drakes against the enemies horse that were neer them on the top of the hil, that were coming upon the reer of us, and made them retreat to the rest of the body their intent was to have compassed us in on every side, but the Lord prevented them, they might have spoiled our whole Regiment, had they in the morning come down upon us when we were taking a little food to refresh our selves, the enemy being then but a half a mile off; a great many of the Cavaliers lay all night, within lesse then a mile of us, which we perceived in our march the next day, I hope the mercy of that day, wil not bee forgotten.

When this was done, my L. Generals forces marched up to our Brigade: when they were come we drew forth our Forlorn hope, and marched up to the body of their Horse that stood facing us on the top of the hill: we fired some Drakes at them, they retreated: then the Lord Generall drew up his great Guns, they faced us againe, we fired two great Peeces of Ordnance at them, and then they retreated up to the Towne of Stow, and drew up all their horse into a body, and stood upon the side of the hill facing us: then we let flye two or three of our greatest Ordnance at them; they all fled, and wee pursued them and followed them three miles: Then they stood and faced the Lord Generall againe about the going downe of the Sun, we fired at them a great while, marching up towards them five or sixe Regiments together; all in a body, about 800 or 1000 abrest, sixe deep we having roome enough, it being a brave champian country: which goodly shew did so much the more daunt the enemy, that (as it is reported) Prince Rupert swore, hee thought all the Round-heads in England were there.

In the first Skirmish we lost but one man, who was slaine by our owne Cannon through his owne negligence, and another sore burnt and hurt by the same Peece. When we came to Stow, the Cavaleers reported that they had killed twenty of our men, [Page [5]] and we two of theirs; but we heare there were sixe of their men slaine, some horses killed, and five prisoners taken. Prince Rupert was there, and some say the Lord of Holland also. Our men pursuing them skirmished till nine of the clocke at night; wee marched after them till twelve of the clocke at night: we lay all in the open field upon the plowd-land, without straw, having neither bread nor water, yet God enabled our Souldiers to undergoe it cheerfully, there was not one feeble sick person amongst us, but was able to march with us the day following.

Tuseday September 25. we advanced from that field neare to a Towne called Prestbury, withing sight of Glocester, about seven miles from it: This day the whole Army marching together, it fell to our red Regiment of the Trained-bands to march in the Reare of the Waggons, and had charge of them: about sixe of the clocke the Lord Generall comming to the top of a high mountaine or hill, called Presbury-hill, where we might see the City of Glocester, he commanded foure or five great Peeces of Ordnance to be fired; some say it was against the Cavaleers, who were about a mile off, in the Towne below the hill: others say it was to give intelligence to Glocester of our approaching to their reliefe. The Army marched downe the hill, and hastened to the adjacent Villages for Quarter, but before the Waggons could come to the top of the hill, night drawing on it began to be very darke, so that our Waggons and Carriages could not get downe the hill, many of them were overthrowne and broken, it being a very craggy steep and dangerous hill, so that the rest of the Waggons durst not adventure to goe downe, but stayed all night there: sixe or seven horses lay dead there the next morning that were killed by the overthrow of the Waggons: our red Regiment having charge of the Waggons, were constrained to lye all night upon the top of this mountaine, it being a most terrible tempestuous night of winde and raine, as ever men lay out in, we having neither hedge nor tree for shelter, nor any sustenance of food, or fire: we had by this time marched sixe daies with very little provision; for no place where we came was able to releeve our Army, we leaving the Rode all the way and marching through poore little villages: our souldiers in their marching this day would run halfe a mile or a mile before, where they heard any water was such straits and hardship our Citizens formerly knew not; yet the Lord that called us out to doe his worke enabled us to undergoe such hardnesse as hee brought us to. This evening the Lord Generall was faine to fight for his [Page [6]] Quarter, and beat the enemy out of it, at a market-Towne called Cheltnam, five miles from Glocester, and two miles from this hill; about midnight we had two Alarms upon this hill, in the midst of all the storme and raine, which together with the darknesse of the night made it so much the more dreadfull, which also caused a great distraction among our Souldiers, every one standing upon his guard, and fearing his fellow Souldier to bee his enemy. Many other particular sad stories of this tempestuous stormy night I leave to the relation of others: one young man of the Colonels company was shot in this confusion upon this hill, whose death will be much lamented by his Parents and Friends, from whom he received a Letter but a few dayes before to returne home.

The next morning, being Wednesday Sept. 26. our Souldiers came downe from that hill into the village aforesaid, being wet to the very skin, but could get little or no refreshing every house being so full of Souldiers: The Cavaleers were in the Towne but the day before. Wee stayed here but two or three houres that morning, and then wee had an Alarm that the Cavaleers were neere the Towne with a great body of horse: We were all presently drawne up into a body in the field; our souldiers began to complaine pitifully, being even worn out and quite spent for want of some refreshing, some complaining they had not eat or drunke in two dayes, some longer time. Yesterday the enemy raised their siege from before Glocester: this day our two Regiments of the Trained Bands marched to a little village called Norton, three miles wide of Glocester, and foure miles from Teuxbury, where our Souldiers had some reasonable accommodation and refreshment: in this village wee had many Alarms: we continued here two dayes and two nights.

Thursday Sept. 7. the Kings forces fell upon some of our troops of horse at Winscombe, they being secure, the enemy killed many of them, and tooke many prisoners, and some Colours: the Regiments of our horse there did belong to Col. Vere and Col. Goodwin. The Auxiliary Regiments were quartered within two miles where this was done. This night about seven of the clock there came a command for our Regiments of the Trained-bands to march five miles back againe in the night but it being a very darke night, and our men worne out and spent with their former marching, they refused to goe; but next morning, being Friday Sept. 8. we had a command to march into Gloucester Glocecstr (sic) , which accordingly we did: The Lord Generall with the whole Army marched into Glocester this day.

[Page [7]]

The Citie was exceeding full of horse and foote: the enemy besieged this Towne a full moneth and three dayes. They had many strong assaults against it, and battered some of their workes; & in two or three places they had begun to undermine the gates, and out-workes, but were met with by the Citie forces, who did undermine within to meet them: without they shott many granadoes of great weight, which when they fell in the Citie were red as fire; yet blessed be God, kild not one man therewith; onely tore up the ground as if a Beare had been rooting up the earth: The Inhabitants of the Citie report that the enemy shot 140 shot great and small in one day, and yet killed neither man woman nor childe; they lost but about thirtie in this Citie during the time of this siege; most of which, as is reported, were shot in the head, in peeping through some holes at the enemy; wee found very loving respect and entertainment in this Citie, they being very joyfull of our coming; wee abode here fryday-night and Saturday, and marched away on Sabbath-day-morning: the Lord Generall left in this Citie three great pieces of Ordnance, as also many score barrells of powder, with match and bullet proportionable, furnishing them to their hearts desire.

Sabbath day Septemb. 10. the whole army advanced from Glocester to Tewksburie, where wee abode foure dayes and five nights, till Glocester had provided themselves of corne and other provisions: the enemy had cut off from the Citie all their pipes of water, and burnt their Mills: My Lord Generall summoned this Towne of Tewksbury, and demanded the twentieth part of their estate for the reliefe of Glocester. Wee were at this Towne five dayes, from Sabbath day till fryday Septemb. 15. On thursdaynight the enemy did fall upon some of our troopes of horse, who were quartered about three miles from Tewksbury, of the regiment belonging to Sir James Ramsey, they slew many of our men, and took many others prisoners. Wee took foure of them prisoners; but the greatest losse was sustained on our side. Before wee marched from this Towne, the Lord Generall gave order for the making of a bridge over the River Severne neere Tewksbury, as if our intention had been to march with our army over there to Worcester; which caused the enemy to draw their forces thither, as a place of refuge: The wisdome and policie of the Lord Generall and Counsell of warre, as also their great care for the preservation of our Army, is highly to be commended and never to be forgotten; and may serve to stop the mouths of all such as shall [Page [8]] hereafter be opened against him: for had the enemy knowne which way we had marched, they might have had us at a great advantage, by gaining the hills; wee being now in the vale of Esum, and all our great Ordnance and Carriages to be drawn up those hills, they might have kept us there all this winter, & starved our army: but blessed be God, we all marched away with safetie. One that was present at Esum, where the King with his Army lay, affirmes that when tydings came to the King that wee were marched from Tewksbury, they did stamp and swear and curse their Scouts exceedingly, that they gave them no better intelligence of our departure. And the same day we marched from Tewksbury the King with his Army and traine of Artillery marched from Esum after us, as will appeare in the ensuing matter.

Fryday Septemb. 15. our whole Army advanced from Tewksbury to Ciceter, aliàs Cirencister 17 miles we marched all night, and sate down before it about three aclock in the morning: when we came thither Sir Robert Pye marched up to the Towne, and with some Muskettiers he gave fire upon the Centinells, killed one of them, and wounded the other; Sir Robert himself received a shot in the arme: the Cavaliers yeelded the town and desired quarter: wee took 225. prisoners, whereof 10. were Commanders, we tyed them two and two together with Match, and brought them along with us: we took also 27 waggon-load of provision, which the Cavaliers had provided for the reliefe of their own Army: they had taken the School-house, belonging to the Towne, and made it their store-house, to lay in such provision as they made in the Countrey to bring in: they slew one man of ours, who was pistold by one that took him prisoner: we killed 2. or 3. of them.

Saturday Septemb. 16. we advanced from Ciceter five miles to a village called Letton, where our London-Briggade was quartered that night; the Lord Generall with his Army quartered a mile further at a Market-towne in Wiltshire called Cricklet; at the village aforesaid were ten cart-load of Cavaliers, who were sick and lame, and brought thither to be quartred, who when they heard we were marching to this place, they then found their leggs and run away: this day we had a wet march, and in the night a false alarm.

Sabbath day Septemb. 17. we marched from Cricklet to a Market-towne called Swindowne 8 miles. This morning newes was brought that the Cavaliers were come to Ciceter, and had taken and kild many of our men, who stayed behind drinking and neglecting [Page [9]] to march with their Colours, who are not much to be pittied: this day we drove along with our army about 1000 sheep and 60 head of Cattell, which were taken from Malignants and Papists in the Country for the maintenance of our army: 87 sheep was allotted for our red Regiment, but wee afterwards lost them all, when we came to fight; it being every mans care then to secure himselfe, and to see to the safetie of the Army: this night our London-Briggade was quartred 2 miles beyond the Lord Generalls quarters at a little poore village called Chizelton, where wee could get no accommodation either for meat or drink, but what we brought with us in our snapsacks: most of us quartred in the open feild, it being a very cold frosty night, wee marched away hence the next morning.

Munday Septemb. 18. we advanced from this village about two miles to a place called Abern-chase, where newes was brought to the Lord Generall, that the enemy was coming upon us with a great body of horse, which caused the Lord Generall to make a stand, our whole Army being in a deep valley, and the enemy upon the hills on our left flank, we drew up all our Army into a body to the top of the hill, where we had a full view of the enemy over against us: there appeared a great body of their horse; it was conceived there was 7 or 8000 but no foot that we could discerne; we stood a while and faced them; then one small body of horse as a forlorn hope marched up the hill to them, and fired upon them, and then retreated to their main body in the valley; the enemy followed our horse in their retreat, firing at them all the way very feircely; then we fired some Drakes at their horse, but did little execution; then our body of foot was drawne downe from this hill to the top of another high hill, where we stood and faced the enemy, having a full view of all that was don between our horse and theirs: our foot were not ingaged at all in this fight, except two Regiments onely: Then Collonell Meldrams and Colonell Harvies troops drew up in a body & gave the enemy a very feirce charge, which was performed with as brave courage and valour as ever men did, and then wheeled about to a Regiment of our foot that stood in the reer of them, the enemy pursued them in their retreat, skirmishing one at another all the way: what number was slain in this fight is not yet known: here Cap. Willet received a shot from the enemy, of which wound he is since dead: we lost no other man of note in this fight: one man of great note and esteem of the enemies partie was here slaine, Marquesse de la [Page [10]] Veel, his father is Lord high Marshall of France, and chiefe Commander in the feild: we took up his body and carried it to Hungerford; I viewed his wounds, he received three shot in his body from us, one in his right pap, another in the shoulder, and a third in the face: from this place all their horse gathered into a body when it begun to be dark, and so ours likewise, and wee marched away that night to Hungerford 5 miles: our red Regiment with some other Regiments were quartred a mile on this side Hungerford, at a little village called Skelton; those that marched in the reer of the Army, were marching this 5 miles all night: we were much distressed for want of sleep, as also for all other sustenance; it was a night of much raine, we were wet to the skin: this day we took 25 Cavaliers at Hungerford, whereof one was slaine.

Tuesday, Septemb. 19 we advanced from Hungerford to a village called Embry, about a mile and halfe from Nubury: the Lord Generall had intent to have quartered at Nubury that night, but the King got into the Town that day before, and so we were prevented. This morning a Trumpetter came from the King to the Lord Generall, to desire that Chyrurgions and Doctors might have free accesse from them to the Marquesse that we had taken. But the Messenger came to late: for the Marquesse was past their cure. The Lord Generall told him, if they pleased to send for his body, they might have it. The death of this Marquesse hath much inraged the enemy, being one whom they did highly esteem. This night our whole Army quartered in the open field; we had no provision but what little every one had in his Snapsack. We had now marched many dayes and nights with little food, or any sustenance, and little sleep. This night the King sent a challenge to the Lord Generall, to give him battell the next morning, which accordingly was performed; and in the night our enemies gained the hills where they intended to give us battell, they planted their Ordnance, got all advantages they could desire, before our Army marched up to them: Yet now wee see there is neither wisedome, nor policie, nor strength, against the Lord; yea, had not the Lord himselfe been on our side, they had swallowed us up quick, so great was their rage and fury stirred up against us, they being confident of the victory before we came to fight: But let not him that puts on his harnesse boast as he that puts it off. For it was not our owne arme that saved us, but the right hand of the Lord became glorious in that day, to get himselfe a glorious name.

[Page [11]]

The next morning, Septem. 20. very early before day, we had drawn up all our Army in their severall Regiments, and marched away by break of day; and then advancing towards the enemy with most cheerfull and couragious spirits: The Lord Roberts souldiers had begun to skirmish with them before we came up to the enemy; which we hearing, put us to a running march till wee sweat again, hastening to their reliefe and succour. When wee were come up into the field, our two Regiments of the trained Bands were placed in open Campania upon the right wing of the whole Army. The enemy had there planted 8 pieces of Ordnance, and stood in a great body of Horse and Foot, wee being placed right opposite against them, and far lesse then twice Musket shot distance from them. They began their battery against us with their great Guns, above halfe an houre before we could get any of our Guns up to us; our Gunner dealt very ill with us, delaying to come to us: our noble Colonell Tucker fired one peece of Ordnance against the enemy, and aiming to give fire the second time, was shot in the head with a Cannon bullet from the enemy. The blew Regiment of the trained Bands stood upon our right wing, and behaved themselves most gallantly. Two regiments of the Kings Horse which stood upon their right flanke a far off, came fiercely upon them, and charged two or three times, but were beat back with their Muskettiers, who gave them a most desperate charge, and made them flie. This day our whole Army wore green boughes in their hats, to distinguish us from our enemies; which they perceiving, one regiment of their Horse had got green boughes, & rid up to our regiments crying, Friends, friends; but we let flie at them, and made many of them and their horses tumble, making them flie with a vengeance. The enemies Canon did play most against the red Regiment of trained Bands, they did some execution amongst us at the first, and were somewhat dreadfull when mens bowels and brains flew in our faces: But blessed bee God that gave us courage, so that we kept our ground, and after a while feared them not, our Ordnance did very good execution upon them: for we stood at so neer a distance upon a plain field, that we could not lightly misse one another: We were not much above halfe our Regiments in this place; for we had 60 Files of Muskettiers drawn off for the forlorn hope, who were ingaged against the enemy in the field upon our left Fank. Where most of the Regiments of the Army were in fight, they had some small shelter of the hedges and bankes, yet had a [Page [12]] very hot fight with the enemy, & did good execution, and stood to it as bravely as ever men did. When our two regiments of the trained Bands had thus plaied against the enemy for the space of three hours, or thereabout, our red Regiment joyned to the Blew which stood a little distance from us upon our left Flank, where we gained the advantage of a little hill, which we maintained against the enemy halfe an hour: two Regiments of the enemies foot fought against us all this while to gain the hill, but could not. Then two regiments of the enemies horse, which stood upon our right Flank, came fiercely upon us, and so surrounded us, that wee were forced to charge upon them in the front and reere, and both Flanks, which was performed by us with a great deal of courage and undauntednesse of spirit, insomuch that wee made a great slaughter among them, and forced them to retreat retrear (sic) ; but presently the two regiments of the enemies foot in this time gained the hill, and came upon us before wee could well recover our selves, that we were glad to retreat a little way into the field, till we had rallied up our men, and put them into their former posture, and then came on again. If I should speak any thing in the praise and high commendations of these two regiments of the trained Bands, I should rather obscure and darken the glory of that courage and valour God gave unto them this day, they stood like so many stakes against the shot of the Cannon, quitting themselves like men of undaunted spirits, even our enemies themselves being judges. It might be expected that something should be spoken of the noble and valiant service performed by the rest of the Regiments of the Army both horse and foot; but their courage & valour it self speaks, which was performed by them that day, our men fighting like Lions in every place, the great slaughter made amongst the enemies testifies. My noble and valiant Captaine George Massie, who was with the forlorn hope, received a shot in the back from the enemy, of which wound he is since dead. This 26. of September (hinc illæ lachrymæ ) we lost about 60 or 70 men in our red Regiment of the trained Bands, besides wounded men, we having the hottest charge from the enemies Cannon of any regiment in the Army. Also that worthy and valiant valint (sic) Gentleman Capt. Hunt was slain in this battell, whose death is much lamented. These two poore regiments were the very objects of the enemies battery that day, and they have since made their boast of it. It is conjectured by most, that the enemy lost four for one: 70. chief Commanders were slain on their side. This is most cer [Page [13]] tain certaine, that they did acknowledge themselves rhemselves (sic) to be beaten. It is credibly informed by those that were this day in the Kings army, that the King himself brought up a regiment of Foot and another of horse into the field, and gave fire to two peeces of Ordnance, riding up and down all that day in a souldiers gray coat. The next day I viewed the dead bodies: there lay about 100 stript naked in that field where our 2 regiments stood in battalia. This night the enemy conveyed away about 30. cart load of maimed and dead men, as the towne-people credibly reported to us, and I think they might have carried away 20 cart load more of their dead men the next morning; they buried 30 in one pit, 14 lay dead in one ditch: this battaile continued long; it begun about six aclock in the morning, and continued till past 12 aclock at night: in the night the enemy retreated to the towne of Newbury, and drew away all their Ordnance; we were in great distresse for water, or any accommodation to refresh our poore Souldiers, yet the Lord himselfe sustained us that we did not faint under it; we were right glad to drink in the same water where our horses did drink, wandering up and downe to seek for it. Our word this day was Religion, theirs was Queen Mary in the field: The great goodnesse of God, in giving us victory this day is so much the more remarkable from these three considerations: First, that great disadvantage we had this day, in case we had been beat by the enemy, we having no place of retreat for safety neerer then Glocester, which was above 30 miles: whereas our enemies had possession of Newbury, and in a manner of the whole Countrey round about: secondly, we had great scarcitie of provision for our Army, having marched many dayes and nights with little food or sleep, or any refreshment; had not God fed us with the bread of our enemies which we took at Ciceter, we could not without a speciall providence of God have been able to subsist, whereas our enemies had the town of Newbury, and the Country all about for their relief. Thirdly, we had a great disadvantage by giving battell in that place the enemy had made choice of their ground, planted their Ordnance, gained all advantages they could desire. Beside many other disadvantages on our part, which I forbeare to relate; yet God gave us the victory, and made our enemies flie before us, that we kept the field all night. The Lord Generall deserves perpetuall honor by his wise, valiant, and worthy managing of this dayes battle, as also no lesse praise and commendation commendatlon (sic) to the rest of the councel of war. Many more particular passages might here be inserted, but I proceed.

Thursday, Sept. 21. after we had buried our dead, we marched frõ this field with our whole army to a town called the Veal, 11 miles, and 4 miles from Redding; where in our march this day, our enemy pursuing of us, fell upon our reer in a narrow lane about a mile and a halfe from a village called Aldermason, they came upon us with a great body of foot and horse: our London Briggade marched in the reer, and a forlorn hope of 600 Muskettiers in the [Page [14]] reere of them, besides a great number of our horse: but our horse which brought up our reere, durst not stand to charge the enemy, but fled running into the narrow lane, routed our own foot, tampling many of them under their horse feet, crying out to them, Away, away, every man shift for his life, you are all dead men; which caused a most strange confusion amongst us. We fired 10 or 12 Drakes at the enemy, but they came upon us very feircely, having their foot on the other side of the hedges; many of our waggons were overthrowne and broken: others cut their traces and horse-harnesse, and run away with their horses. leaving their waggons & carriages behind them: our foot fired upon the enemies horse very bravely, and slew many of them; some report above 100 and not 10 of ours: some that we took prisoners our men were so inraged at them that they knockt out their braines with the butt-end of their Muskets: in this great distraction and rout a waggon of powder lying in the way overthrowne some spark of fire or match fell among it, which did much hurt; 7 men burnt and 2 kild: the enemy had got 2 of our drakes in the reer, had not our foot played the men and recovered them againe: this was about 4 or 5 aclock at night; many of our men lost their horses, and other things which they threw away in haste: wee marched on and came to the Veal about 10. aclock at night.

Fryday Sept. 22 we advanced from the Veal and came to Reading foure miles, where we refreshed our Souldiers after our hard service and wearisome marchings. We stayed here fryday saterday and sabbath day: saterday night about 20 of the enemies horse came and gave us an alarm. Sabbath day was celebrated a day of thanksgiving; we marched away hence on munday morning.

Monday Sept. 25. wee advanced from Reading to Madenhead, our Briggade was quartred here. But the Lord Generall with his Army and all his train marched to Windsor.

Tuesday Sept. 26. we advanced from Maidenhead about 4 aclock in the morning, having some intentiõ of marching to London that night, but came no farther then Brainford, where we stayed the next day also being Fast day.

Thursday, Sept. 28. we marched from Brainford to London, where we were joyfully received home of all our friends, and all that wish well to the Parliament; and to the vexation of heart of all wicked malignants who had raised reports that we were all routed and slaine: the Lord Mayor together with the Aldermen of the Citie met us at Temple-barr, and entertained us joyfully: many 1000 bidding us wellcome home, and blessing God for our safe returne: Thus God that called us forth to doe his worke, brought us through many straits, dilivered us from the rage and insolency of our adversaries, made them turne their backs with shame, giving us victory, and causing us to return home joyfully.

Monōi Theōi doxa

FINIS.

Table of contents

• A Post-script to the intelligent Readers.

[...]

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

THere was a time in England, when men wore the Breeches, and debar'd women of their Liberty; which brought many grievances and oppressions upon the weaker vessels; for, they were constrained to converse only with their homes and closets, and now and then with the Gentleman-usher, or the Foot-man (when they could catch him) for variety: So that in those dayes, there was no such thing as the SERVANT, the FRIEND, or the INTIMATE in ordinary; nor durst they be acquainted with the mode of Drinke, Dice, and Tobacco; nor rore and convert their smoks into Colanders, to strain healths [Page 2] of Sack into Beer-glasses, and take them off astride upon mens shoulders. In consideration whereof, and divers other inconveniences, by the tyranny of men, the Ladies Rampant of the times, in their last Parliament, knowing themselves to be a part of the free people of this Nation, unanimously resolved to assert their own freedoms; and casting off the intolerable yoke of their Lords and Husbands, have voted themselves the Supreme Authority both at home and abroad, and setled themselves in the posture of a Free-State, as may appeare by their Practices.

In the first place, for the well ordering of their Militia, they have lifted themselves under the conduct of the Right Honorable the Countesse of Kent, and the old Countesse of Exceter; who ought to lead the Van, being experienced Souldiers, that have passed through all Offices in Venus Warrs, from a Corporall to a Colonell. These two are the only pillars of Nobility and Hospitality; who, to breed up the young Fry in the Misteries of the Sexe, have erected an Academy, which is opened every Sunday night at the Countesse of Kent's and every Thursday at my Lady of Exceter's. There Suppers are reckoned most convenient, because the Bed follows, and it is judged the best way of disgestion after the Lectures, they never being upon any other Subject, but WHO with WHO, Mistresses and Servants, and the Act of well-doing, which must needs breake the Academy of well spea [Page 3] king, and soon make the Italian Knight lose all his Custome, for going the wrong way to worke with our English Ladies.

And if he dare dispute the matter, wee will refer it to my Lady Carlisle. This is a Lady indeed, that seven years since took saile with Presbytery, being charged in the Fore-deck by Master Hollis, in the Poop by Master Pym, whilst she clapt my Lord of Holland under hatches. And this was a lucky Supply at that time, because Toby Matthewes and Wat. Mountague were both fled for Religion. About 3 years since, being weary with that faction, she revived a correspondence upon the Royall accompt; among the rest with divers foreine Ambassadors; especially Mons. Believerey, till she was put in the Tower, where she now pines away for want of fresh-Cod, and knoweth not which way to lead her Nags to water, since the State hath cut off all her pipes of intelligence.

After her comes the old Lady Peterburgh, who would faine be yong. A Presbyterian Lady too, that casts a sad looke with her eies for the downfall of her Faction, and sings the lamentation of a sinner for the losse of Mr. Hollis, but above all for the Irreparable losse she had in Tom. Gell, when my Lady Rutland got him from her.

'Twere pitty my old Lady Devonshire and these two should be parted, for, the Presbyterie was setled first in her house by the Scots Commissioners; where my L. Louden, Lauderdale, and Dumferling, [Page 4] were clapt in her hole of Repentance, to forward the work of Reformation.

And now we talk of Reformation, God help my Lady Salisbury, whose Sinnes are as big as her Body, and whose faults are better known at home than abroad, since the death of the old Duke of Buckingham and my Lord of Holland. A very charitable Mother she is to all her Children; but especially to her daughter my Lady Sands, having helpt her to a Touch, with her Son in Law my Lord Lisle, though my Lord of Salisbury himself, like a crosse Father, [Note: My Ladie Sands was warming her Brother Lisles drawers by the fire Side.] came in and took her airing his Drawers. This Lady Sands continues her Clack going ever since, to draw grists to the Mill, and is at this time one of the greatest Coursers upon the New Exchange; She out-drinks a Dutch man, outvies a Courtesan, and is good at all Games, but loves none like In and In, and sometimes she is for Passage. In league with her are all the Hat-and-feather-Gallants, the feather being the proper Hieroglyphick of her Condition, and the Badge of her faction.

As for her good Sister, the yong Lady Devonshire, She hath been a very sad woman ever since the death of my Lord Iohn; but since that, She hath been rid of her Qualm by Tom Killegrew, who is now gon Ambassador from Iersey into Italy, on purpose to fetch her a Musk-cod to perfect the Cure.

This Family is both large and godly; and there [Page 5] fore we must not forget my Lady Cranborn; who lives in a Scotish mist betwixt light and darknesse so that groping often for Truth, She now and then layes hold upon the Preacher, and puts him beside the Text, in an error. She playes above-board with Mr. Sackvile , under-board with Mr. Sterry, and severall other Captains that usually preach before her and the Councell of State. She hath preferred one Lee Lecturer at St. Martin's, to read lectures on Sunday nights to the whole Family, concerning due Benevolence; which gave occasion to Mistris Peele (an Intimate of theirs) to commend his doctrine above all others.

And now, not forgetting an over-thwart neighbor of theirs we must think of my Lady Forster; an old Mistresse and a yong Saint; one whose proportion puts us in mind of her Excellencies, and he that meanes to board her, must put off his doublet and swim, it being of the same size with a FishPond: yet it is ten to one if he scape sinking, since she is somewhat of kin to Goodwin Sands, having swallowed up many Families, many Blew Gariers, Georges, Earls, and Baronies innumerable. Among them, as the latest (though of a long continuance) is the Lord Willoughby of Parham; who hath now taken a journey to the Barbado's and means to pipe her one way since he cannot another; In Order whereunto he hath provided her a whole plantation of Tobacco, it being her proper Element; so that since my Lord finds Smeak, Sir Humphry may in [Page 6] time have Bacon. I would have this Lady well preferr'd in the Commonwealth, she being now a great Retailer of Courtesies.

And truly her Daughter my Lady Prat (for ought I see) is resolved to keep up the Trade, having an Husband for the purpose. This is that doughty Knight Sir George Prat, once celebrated in Comedy, and pawned upon the Stage (as well as at the Tavern) in a Ioynt-Stool for a Reckoning. Hee, Sir Samuel Luke, Ieffery, and little Trott, may help to make up the Nine Worthies among the Pigmies, and might passe for rare Champions in America, to erect a new Common wealth among the Monkies. Indeed, take Sir George, hornes and all, and he is a very formidable Monster; so that 'tis no wonder if his Lady be reprehended by her Mother, for being Bull'd by an Urchin: She is a great wit, and playes with an old Sophister (Dr. Smellsmock, alias Mr. Osbaston) who jerks her both behind, and before; therefore Mr. Lenthall, though he have playd Truant a great while, may the rather scape a whipping.

Come, take your Turn Mrs. Gamlyn; for, you have had many a one by that excellent Squire of the Body yong Lenthall, who hath the art to love if the Women love him. They say, Northamptoc makes love one hour to you, and he beats the brains of it out in a quarter. This Gentleman broaches maxims very dangerous to the Common-wealth of Women, viz. That there is no woman honest. That wo [Page 7] men would become unnecessary in the world, if that damnable principle of honesty should be professed. That originally there was no such quality as honesty, only it was insinuated by the perswasions of the first mother, to keep women from being debauched in their nurses arms. All which hath been applauded, and seal'd to, by the same Gentleman, over and over.

Now, as a brave [Note: Supposed a Hermaphrodite.] Woman-man-of-mettle, beigh for my Lady Hungerford. Since Sir Edward is in Heaven, the fittest mate for her upon Earth, must needs be Annis-water Robbin, For they may fit one another by turns, and be beholding to no body. This Lady over-rid and excarnated, no lesse than three of her women in her husbands life-time; and hath left no part of foure Gentlemen-ushers visible in the world, but their periwigs; but the fifth scapes yet, and may perhaps for a twelvemonth.

Room next for my Lady Kingsmell; who having been lately in France, hath brought over some Italian tricks with her. The only wit in that house is new lechery, and her Daughter is vostre Serviteur . The Mother should have been married to my Lord of Norwich, at his coming out of prison, but that of late he is become as dry as his jests, and the talke of the town diverted the humor.

But my Lady Rutland (God wot) is a more resolute Lover; for, now that her Lord is out of Town, nothing can stave her off from Tom. Gell. This fellow the world suspected to be Eunuch to [Page 8] my Lord of Newcastle; but now she commends him for the swetest man in the world though of late she hath a great stroke too with Harry Martyn.

And now we talk of a stroak, I can tell you of a notable Striker one Mrs. Luson, who hath blowne up and broke so many French, Dutch and Spanish Merchants, that none of late durst deal with her but Hugh Peters; who (I hear) hath pawned halfe the fleet at Mildford-haven to provide her a new yeares gift; and this in imitation of his Masters at Westminster, who ever put the Charges of their Lechery upon the accompts of the Publique.

This policy of Hugh Peters, puts us in mind of godly Gravener, he that is Commissary to my Lady Fairfax; who hath pawned his Commission for another couple of Flanders horses, to make sure of Mistris Luson: And she I think hath paid him pretty well; for the poor Gent. hath spit himselfe into a Night cap, and the next Remove may be into a Coffin.

If ever the new Common weal be routed, it must be by this Lady; for, put a little Gunpowder to her Mercury, and you may soon blow up my Lord Bradshaw. He (they say) hath audited her Phisicke Bill, and the Councell of State finds many faults in it As Inprimis , on purge for a clap she had from Sir Harry Mildmay, which was much invenom'd by one he caught the morning before from Besse the Begger wench.

• Item a Plaister for the swelling in her Groin, that [Page 9] Mr. Marten gave her from a Shanker of his, which he caught from the Wench he stole from his Brother-Member Sir Roger North.
• Item, an Astringent for a Gonorrhœa, given her by Mr. Sco, which hath been entailed upon him and his Family, ever since he strain'd at the Brewers daughter behind the Ale-fat.
• Item, for a Pimple, which my Lord of Denbigh entailed on the Top of her Belly from the Tip of his Nose. The Pothecary pleaded this cure was extraordinary, because the Rubyes in my Lord's nose, might have caused a Carbuncle in her Cabinet, had it not been prevented (according to my Lord's owne direction) with an emollient Clyster over night, a Dose of Pills in the morning, and an electuary from the same Lord the night following.
• Item for fluxing, fuming, soking, and Tubbing of Heveningham, a worthy Member; yet all will do no good, For, this Lady and he have been so long of the same humor, that he cannot be cured of a Rhume, that hangs on both sides his mouth, so that ere long he may be Chapfall'n. This Malady hath been much exasperated by an ill prepared flux, which hath left him more of Mercury than Venus in his Body. Ask my Lady Lake else, who did what woman could for him, plyed him with Cordials and warm Plaisters: but broke his head when she said, She wondred hir Cozen Heveningham would have to do with so rotten a woman. As she wounds some, so she shaves others; for she has made Mr. Love a [Page 10] wofull Example, who never wore any beard since her first acquaintance.

Oh, let us not now forget Mistris Duns, a Lady every jot as Independent as the former, she hath payed Tribute to all the Deputies of Ireland, and will not now forbear her Cosen Cromwell. Shee keeps mighty Intelligence too with his wife, and she with Hugh Peters, and Peters with Mistris Ireton, she with Bradshaw, he with Madam Castlehaven, as Cromwell with Mrs. Lambert.

Now enter my Lady Craven, at a conference over her Cups. Fie sister fie; never a Beer-glasse of Sack to Sir William Sidley's health? yes, my Lady Craven, here's one, fill a Brimmer, to that part of my Sister Craven which Sir William loves best. 'Tis well fill'd , and fairely drunke. Now to do you right, my Lady Mary, here is to you; to the finishing of Sir Williams desires, let it be how, where, and when he pleases. Come, my Lady Mary Howard, take courage; though thy fortune be but small, yet having a good stroke, thou shalt drinke Dormer into Matrimony.

Tis the wonder of the world, Why Sir Kenelm Digby, should be so mad for my Lady Middlesex, since he boarded her and the Gallies at Scanderoon much about the same time, and hath rid at Anchor ever since. Tis a very hard matter to know whether she be, a Lady or Leviathan. Sure, none but Goliahs weapon can fit her Scabbard, nor can any hand but his with the six fingers sufficiently feele her; [Page 11] and he that will please her (which she abundantly loves) must convert a weavers beam into a dildo. If she and Sir Kenelme go on with the Match, then let the Saints beware; for, I beleeve Gog and Magog will come of the Progeny.

But what thinke you of my Lady Marchionesse of Winchester and Colonell Warren? Though my Lord be her Husband, yet the Colonell is the man. Though my Lord have a good Bable by descent, and may play well, yet the Col. hits the blot oftner in his Ladie's Tables. She is often sick, and as often swels, and, by the opinion of all Doctors, no cure is like that in private with her Colonell.

Boles was an able fellow too once, before he came to be my Lady of Bath's Gentleman usher: But you may guesse how the VVorld goes with him now; for he dwindles every day, and (some say) the Calves of his legs are left in his Ladies Belly; so that when my Lord expected a Son, God knows it proved a Moon Calfe; and had it grown up to have horns, my Lord might then have hoped it was of his own begetting.

Poor Jack Young! my Lady Monmouth bites hard too; for, she hath drawn him so low, that he will never make Mummy; and therefore intends to prefer him for a living Skeleton to Surgeon's hall, as a very neat Subject for an Anatomy lecture. And indeed, it is high time he were some way disposed of, for, his fore-man is so flag, and his hams so feeble, that my Lady is constrained still to [Page 12] cry out [Thy finger againe, Jack.]

I beleeve the Parson too is puzled, to interpret the barrennesse of my Lady Stanhope, she gives him the opening of many a hard Text, so that he will have much ado to resolve the Tithe, of her Doctrine into use and Applycation; for (tis known) she is much given to Hunting, and hath run down a whole kennell at a time for recreation. Her mouth is (like mopsaes) O Heavenly wide, so that her Taile being of the same size in dimension, 'tis possible Stamford may passe through her, booted and spur'd to seek new fortunes in America.

There is another notable Lady too, newly come out of France and knowes all the feats of that country, and is now set up in England, by name my Lady Mountague; all spirit of Sulphur: for, she takes fire immediately, and evaporates without conception; so that we must leave her to the skill of Ben. Weston, to provide a Son for my Lord Montague, as the Prince Elector did for my Lord Moulgrave. And if ever Ben. mean to effect it, let him keep her Ladiship only to himselfe, and recall her Ambassadors, which lie Leiger for strong backs, in City and Country.

She trades not so openly, but others are as close; yet Murther will out: for, 'tis known well enough (though carried in private) how often Mr. Villiers hath come the Back way over a wall, to the fore way of my Lady Savile, alias Sussex; and she usually helps him down in her armes, for feare of a straining.

[Page 13]

Newes, newes, The Dutchesse hath a Son and heir, in the absence of Prince Rupert. But ---- &c.

If Madam Newport should not be link't with these Ladyes, the chain would never hold; for, she is Sister to the famous Mrs. Porter (who of late plaies the Macquerela in the behalf of her owne Son;) and to the more famous Lady Marlborough (whose Paint is her Pander.) This Lady Newport leads the Lord Bellasis in one hand, and Iack Russell in the other, and cuts a kindnes so equally between bebetween (sic) them, that Sir Kenelm Digby needed not have come in to decide the controversie. Yet having beat the Bush so often, there's no reason but he should catch the Bird, and these two Gentlemen, when he comes, be turned loose to ruminate the Favor.

And that this Lady may not go without her fellow, if you are coloured, my Lady Elizabeth Darcy, appeare as Stanhope, alias Chesterfields Daughter. Take confidence, such as your Sister Stanhope did, when she met Hatton Rich upon the stairs, whilst her Husband (good man!) was making his Will. Manage your designe well; there is no feare but you may trail both Sir Andrew, and Mr. Glascock, as long as they can crawle, and you smile. These are very tractable Gent. and hot-mettal'd; the harder you stave them off, the fiercer they come on; the longer you hold them in play, the more will the prize be valued. This Madam is like a Politique Merchant, in our Commonwealth, and (if she be [Page 14] not taken off by Preferment) may chance to spoile the Trade of all Stallions in Pension, by teaching the rest of the Ladies how to prize their Commodities.

My right hand would forget it's cunning should the example of all women be left out, my Lady Cullen, who in my Lord Riche's time was called my Lady Mary Cokaine, but varied her name when she began to teach Souldiers how to order the Pike. This silken-Granado hath blown up many a Garrison; for she ever fired well, wounded one Captain so that he lies in still, fell furiously on many others; and she has one Trick, that if you will not charge her, she'll charge you. Upon these tearms she met with a Colonell, one Stamford, whom when she had worn out one way as well as the other, she cashired him for want of pay, and took over his head George Porter, whose designe is to Levell her even with his owne principles. On the other side, she, having smelt his Plot, begins to grow weary of him, and plies the Countermine, but knowes not how to admit another, because his Mother and his Wife stand Sentinell at her elbow. It is intended, the life of this Lady shall ere long come out in Folio.

But 'tis an old Proverb, there can be no Play without a Foole in it. Alas poore Master Pembroke, who twelve months since was an Earl, but now being made a poore Commoner of England, hath rallied his forces, and finds it necessary to cashire [Page 15] my Lady May, my Lady Banbury, and my Lady Crompton, having been very angry with her, and desired her to resolve him of this Question, [Note: She dun'd him beyond reason for Money.] Whether he shit Gold? This poor over-ridden Gentleman lies now at Rack and Manger, with a Chambermaid of my Lady Herbert's.

'Zounds, we are now in a Godly Family; and they that are the only people in the world, that know to order Women: for, the Father keeps two wives and a Concubine, as prisoners. The Lord his son (a poore Commoner too) rid his hands of one wife, and keeps this very close, though Jack Griffith be in France; and so doth James his too, though my Lord of Oxford be in Holland. As for Jack, with his Spider's shanks, his Mistresse is not arived to fourteene yet, or else he would take the same course as his Brothers, for feare she should suck of the same Teat with her Mother.

VVee cannot name my Lady Crompton too often. VVhen Tom. Temples stock could hold no longer, neither in Wit nor Money, she laid him aside like a ridiculous Foole, and jump't in with my Lord Molineux, who whipt up her Belly here in England, and then she got a Passe to go to her husband in France, that he might father the Bantling. My Lord and she are parted since, but how, it is not known; only we heare of great resolutions against Teeming, professing shee will venture no more for Children: but we fear she must have one more to please my Lord Broncker.

[Page 16]

Heigh, now for the nine Worthies, who above all deserve the Breeches, to ride astride to the Devill. And to lead the Van, march couragious yong Madam Peterborough, whose Earl is a Wittoll, and her father was a cuckold, gramercy old Peterborough. This Ladie makes nothing of 3. Gallons of Usquebagh to Mr. Staffords health, and whatsoever the Gentleman lends her, his wife payes him again in the same coyn at home, according to my Ladies maxim, which sayes,

Next, enter Madam Peter, who was tried by the Prince Elector, and Harry Compton was his Taster. This will neither settle Mr. Vowell's eyes, nor his Conscience; for, he hath liquored her with many a Pot, and tosted her, and she promises much in her cups. Besides her faculty in drink, she is good at all games, but especially at cogging the Die, and the Cod-peece. [Though we cannot rank her Aunt (my Lady Mary Sheldon) among the Nine, yet it being pitty they should be parted, she may passe for an Appendix, being so fast hung to my Lord Peter, that his Lady rambles without suspition, and sets down this for a maxim of our Commonweale;]

'Twere pitty the Third should be left out who ought to have been first in order. Shew as confident, as you speak, Mrs. Phil. Mohun, whose [Page 17] Rhetorick is Ribaldry, whose Element is Drinke, whose wit is in Baudery, and whose Beauty is blasted with her own Breath, it being a damp that will kill a Spider. She swears with a bon-grace , makes offensive and defensive War; offensive with Sherwood, whose Lordship is an Asse, defensive with Lenthall, whose courage is wit. This Lady will be sure to match the man, if she knows the length of his weapon. She is often purged, but vowes drink is the best Physick, and delivers this maxim;

Make room for the Fourth, (with the new-elected Colonel Corbet) by name Mistris Harris, sister to the forementioned Lady, who neither in quantity, quality, action, Passion, nor any other Predicament, is any whit lesse remarkable. She hath lived these 30. years in the same extremes that the rest of her Sisters now begin with. Tom. Temple, had never been arrested for the 200l. if he could have plied her busines in earnest, as well as laugh at his own Jests, Let old gouty Ash of the Parliament take heed; for, that in the nose is not so easily cured as that in the Toe, and the Cavalier Corbet, & his Mistresse may chance to make him crosse 'Pothecaries Bills, and baudy reckonings, instead of the accompts of the Kingdom. For, after a full beerglasse, she set down this too for a Maxim.

[Page 18]

The third of the Sisters makes up the fifth of our VVorthies. Enter Mistris Cambell, with a piss-pot on her head, a pipe in her mouth, & a pintle in her Tail. Ash runs through this Family, as his brothercommoner Howard (known heretofore by the name of Lord Howard) runs through the Family of the Murray's, and hath made most of their Issue free Denisons, being more English then Scotish. We understand by Master Cook's books at the Bear at the Bridg-foot (who must needs be an exact accomptant, having been a Committee-man) that from Midsummer to Michaelmas, 100 pound sterl. hath been bestowed by Master Ash upon this Lady, in VVine and Tobacco, to cherish her in the maintenance of her most rare Maxims; of which the chiefe is,

Now for a Worthy in good earnest, my Lady Wildgoose (alias Velledicus, alias Mistris Salkeld) who reckons continency either to husband or Servant, the worst of the seven Deadly Sins; having lately resolved to try all that will try her, though she pass the most fiery tryall. Many a sad journey hath she made; but of late two into Scotland, to fit her English measure, according to the Italian with S. Bernard Gascoign. She finds VVine of a rare quality; for it saves the charge of Vermilion for her Beake, being at great expence upon her cheeks. This Lady playes as well at Best as the Beast; drinks [Page 19] well; swears enough for six of the nine, and hath been often a Caterwauling with Sir Iohn Morley. Her Maxim is.

And now since the widdowes weare the buskins, let them tread the stage boldly; and so enter two more of our Worthies at once Aunt and Niece, my Presbyterian Lady Stapleton and my Lady Campion the Cavalier, the one Being drunk at the receit of the newes of her husband's death out of France; the other very jolly, with Master Howard of Barkshire in her arms, at the newes of her Husbands death at Colchester; and since that, she hath a Rubbers every weeke with no lesse then five, for variety. The controversie betwixt these two is, who can drink most, and then they quarrell for the conquest. Tom Temple and Col. Iephson are their Seconds; the first of whom lost his haire and the other had like to have lost his one eie, in deciding the busines. But what care these Ladies? Their maxim is,

To bring up the Rear of the nine, enter the incomparable Lady of an old Low-country Colonell, by name Cromwell; who hath run through most of the Regiment, both Officers and Souldiers. Since her coming to England, she hath traded never a jot the lesse in the low-countries; loves Wine, and of all Wine, Sack in Glasses; and of all Glasses, Beer-Glasses. She keeps a free Port for all Mer [Page 20] chants and trucks with all Languages and Nations. Shee is controller of the Club among the Ladies; is excellent at the beginning of healths, viz. To the best in Christendome, and at the ending of stories, for, she fits them all with a baudy Comment. She is Honored with the title of LadyGovernesse to the three illustrious Sister-VVorthies, Mistris Mohun, Mistris Harris, and Mistris Cambell, her chiefe designe is to reconcile and compose all differences betwixt the two former, and then when these foure are together, there will be a society for the [Note: The Devil Tavern.] Devill, their Maxim being this;

If any of these Ladies want a pouder'd and patch't old fool to wait upon Them, let them send to my L. North, whose Coach and himself will be ready at a Call; especially if it be upon a visit to my Lady Kent's about supper time, where they are all upon Free-Quarter.

By way of conclusion we are in the last place to give notice of certain Ladies, called Coursers, whose Recreation lies very much upon the New Exchange about 6. a clock at night; where you may fit your self with ware of all sorts and sizes. But take heed of my Lady Sandy's; for, she sweeps the Exchange, like a Chain'd Bullet, with Mr. Howard in one hand and Fitz Iames in the other.

• There is my Lady Katherine Scot with Mr. Salkeld.
• The new widdow Sandys with Col. Bredridge.
• The Lady Montague with Mr. Brown.
• The 2. Mrs. Skipwiths, with Sir Iohn Morley.
• Mrs. Wintour in contemplation of David Walter.
• Mrs. Kirk with Col. Rainsford.
• The Lady Mary Sheldon with Mr. Vowell.
• Mrs. Luson and Sir Thomas Sandys.
• The Lord Blaney and Mrs. Roper,
• The Lord Middlesex and the Lady Thimblebee.
• Mrs. Wild and Mr. Touchet.
• The Lady Crompton and Mr. Cranfield.
• Mrs. Wenman and my Lord Denbigh.
• The Lady Cary and Dudly Sonds.
• Mrs. Crew and Mr. Broncker.
• Mrs. Finch for a VVhiffler.
• Mrs. Jones and George Colt, and sometimes Mr. Coghill.
• Mrs. Kingsmell all alone.
• The Corbet Family with who they can get.
• The Lady Fulgeum with the Lord Northampton.
• The Lady Peter and the Lord North.
• The Lady Downs and the Lord Sherwood.
• The 7. Sisters of the Lord Sandys, and the foure Mistris Somes's, very fleet Coursers.
• The Lady Norton and Mr. Edwards.
• Sir Thomas Longevile hopping before twenty women, and the Lord VVindsor, Cum multis aliis, quas nunc perscribere longum est .

These, and many more you may buy; but beware you repent not your Bargain. In our next Annals (if the humor hold) we will give you a more particular Relation. In the mean time,

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

May it please your Majesty ,

IN my Voyage from Malta to this place, wherein I have used all the diligence the season hath given me leave, I touched at the City of Catania in Sicily, and was there most kindly Invited by the Bishop to lodge [Page 4] in his Palace, which I accepted, that so I might be the better able to inform Your Majesty of that extraordinary Fire, which comes from Mount Gibel 15 miles distant from that City; which for its horridness in the aspect, for the vast quantity thereof, (for it is 15 miles in length, and 7 in breadth) for its monstrous devastation, and quick progress, may be termed an Inundation of Fire, a Floud of Fire, Cinders and burning Stones, burning with that Rage as to advance into the Sea 600 yards, and that to a mile in breadth, which I saw; and that which did augment my admiration was, to see in the Sea this matter like ragged rocks, burning in four fathom water, two fathom higher then the Sea it self, some parts liquid and moving, and throwing off, not without great violence, the stones about it, which like a crust of a vast bigness, and red hot, fell [Page 5] into the Sea every moment, in some place or other, causing a great and horrible noise, smoak and hissing in the Sea; and thus more and more coming after it, making a firm foundation in the Sea it self. I stayed there from nine a Clock on Saturday morning, to seven next morning, and this Mountain of Fire and Stones, with Cinders, had advanced into the Sea 20 yards at least, in several places; in the middle of this Fire, which burn'd in the Sea, it hath formed a passage like to a River, with its Banks on each side very steep and craggy, and in this Channel moves the greatest quantity of this Fire, which is the most liquid, with Stones of the same composition, and Cinders all red hot, swimming upon the fire of a great magnitude; from this River of Fire doth proceed under the great Masse of the Stones which are generally three fathom high all [Page 6] over the Country, where it burns and in other places much more, there are secret Conduits or Rivulets of this liquid matter, which Communicates Fire and heat into all parts more or less, and melts the Stones and Cinder by fits in those places where it toucheth them, over and over again; where it meets with Rocks or Houses of the same matter (as many are) they melt and go away with the Fire; where they find other compositions they turn them to lime or ashes, (as I am informed.) The composition of this Fire, Stones and Cinders, are Sulphur, Nitre, Quick-silver, Sal-Armoniac, Lead, Iron, Brass, and all other Mettals. It moves not regularly, nor constantly down hill; in some places it hath made the Valleys Hills, and the Hills that are not high are now Valleys. When it was night I went upon two Towers in divers places, and [Page 7] could plainly see at 10 miles distance, as we judged, the Fire to begin to run from the Mountain in a direct line, the flame to ascend as high and as big as one of the highest and greatest Steeples in Your Majesties Kingdoms, and to throw up great Stones into the Air; I could discern the River of Fire to descend the Mountain of a terrible fiery or red colour, and stones of a paler Red, to swim thereon, and to be, some as big as an ordinary Table. We could see this fire to move in several other places, and all the Country covered with Fire, ascending with great Flames, in many places, smoaking like to a violent furnace of Iron melted, making a noise with the great pieces that fell, especially those which fell into the Sea. A Cavalier of Malta, who lives there, and attended me, told me, that the River was as liquid where it issues out of the Mountain, as [Page 8] water, and came out like a Torrent with great violence, and is five or six fathom deep, and as broad, and that no stones do sink therein. I assure Your Majesty, no Pen can express how terrible it is, nor can all the Art and Industry of the world quench, or divert that which is burning in the Country. In 40 dayes time it hath destroyed the habitations of 27 thousand persons, made two Hills of one, 1000 paces high, a piece, and one is four miles in compass, as Your Majesty will see by the draught that I take the boldness to send herewith; it was the best I could get, but hath nothing of the Progress into the Sea; the confusion was so great in the City, which is almost surrounded with Mountains of Fire, that I could not get any to draw one, but I have taken care to have one sent after me for Your Majesty. Of 20000 persons which inhabited Cata [Page 9] nia, 3000 did only remain; all their Goods are carried away, the Cannons of Brass are removed out of the Castle, some great Bells taken down, the City-Gates Walled up next the Fire, and preparation made all to abandon the City.

That Night which I lay there, it Rained Ashes all over the City, and Ten Miles at Sea it troubled my Eyes. This Fire in its Progress met with a Lake of four Miles in compass, and it was not only satisfied to fill it up, though it was four fathom deep, but hath made of it a Mountain.

I send also to Your Sacred Majesty a Relation in Print which the Bishop gave me, wherein the Beginning is Related, and several Curious Passages. I most humbly beseech Your Pardon for the hindring Your Majesty so long from Your better Employments: And I beseech You, [Page 10] Great Sir, ever to believe I Love and Reverence Your Person above All Expression: for, I am

Your Majesties
Most Obedient, Most Humble,
and Most Faithful
Subject and Servant
Winchilsea.

Naples the 27 of April
7 of May.
1669.

[Page 11] [...]

A Particular NARRATIVE Of the late Dreadful Earthquake AND IRRUPTION As it is Collected out of several Relations from CATANIA.

MOunt Ætna, or Monte Gibello, a Mountain so Renowned throughout the World for its height and greatness, but much more for those Prodigious Flames, Smoak, and Ashes which it hath cast out from the top of it, whilst the other parts are continually (even in the midst of Summer) cover'd with Snow, has been for many Ages observ'd once, or sometimes oftner, in the space [Page 12] of about fifteen years, to throw up more than ordinary Flames, with much Smoak and Stones, and great quantities of Ashes, which (though terrible to the neighbouring Towns and Villages) was yet wont, in little time, to abate of its fury, and prove but seldom more injurous to the Countrey near it, than by communicating largely its ashes, which though for the present it did somewhat incommode them, they had afterwards a considerable Compensation in the product of their Lands, which by this means were render'd more fruitful.

But on Friday the 18/8th of March 1669. the Sun was observed before its setting to appear of a pale and dead colour, which (being contrary to what it ever before appeared to us) struck no small terror into the inhabitants, all Objects appearing also of the same colour, with a paleness received from that of the Sun. The same night happened in this City as well as the whole Countrey hereabouts, a terrible and unusual Earthquake, whose strong and unequal motions, joyned with horrible Roarings from Monte Gibello exceedingly frighted the Inhabitants, but was so extraordinarily violent in the Countrey adjacent, that the people were [Page 13] forced to abandon their houses and to fly into the Fields to avoid the danger threatned them from the falling of their houses. The Village of Nicolosi was of all others the most dreadfully handled by this furious Earthquake, the houses and other buildings being shaken all in pieces, and buried in their own Ruines; the poor People (who had preserved their lives by a timely flight, with such little of their Goods as their hasty fears would permit them to carry out with them) continued a night or two in the fields, beholding with grief and astonishment the ruine of their habitations: but observing that by these violent concussions, the Earth began to open in several places, and to threaten them with inevitable ruine, they fled, though with much trouble and amazement to this City. These shakings of the Earth being so frequent and violent, that the People went reeling and staggering, with much difficulty supporting one another from falling, in so much as what with their want of sleep, the pains they were forced to take in travelling, and the great terrors imprinted on them by what they had seen and suffered, they appeared at their arrival in this City as so many distracted People, wholly insensible of what they did.

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This dreadful convulsion of the Earth was immediately followed on Monday March 11. about 10 at night by 3 terrible Eruptions, much about the same time, and at little distance one from the other.

These said Eruptions were observed to be on the side of Monte Gibello, about 2 miles beyond the Mountain called Montpileri, from whence with a terrible noise it threw up its flames with much fury and violence about a hundred yards in height, its noise not roaring only inwards from the belly of the Mountain as before, but violently cracking like peales of Ordnance or thunder, from the side of it throwing out vast stones, some of them of 300 pound weight, which being (as it were) shot through the air, fell several miles distant from the place, whilst the whole air was filled with smoak, burning Cinders, and ashes, which fell like a fiery rain upon the Country.

In the mean time issued from the side of this Prodigious Mountain a vast Torrent of Melted and burning Matter, which, like an Inundation, Drowned, as in a Flood of Fire, the Countrey on this side of it.

This Burning River ran down upon the [Page 15] Mountain Monpileri, which, opposing its direct course, it divided it self into two Streames, which encompassed the said Mountain; one of them taking its way by La Guardia, the Convent of St. Anne, and Malpasso, the other by the Towns of onpileri (sic) , and Falicchi, which in few hours were wholly destroyed and lost, not so much as any sign of them remaining, with several lesser Villages and Farmes, and with them the Famous Image of the blessed Lady of the Annunciata; which, though highly Reverenced throughout the whole Island, esteemed the Wonder of Sicily and the whole World, and to which the People with much Devotion resorted in Pilgrimage from the remotest parts, was also swallowed up and consumed by this dreadful Torrent.

This Fiery and burning Deluge immediately spread it self to above six mile in breadth, seeming to be somewhat of the colour of melted and burning Glass; but, as it cooles, becomes hard and Rocky, and every where in its passage leaves Hills and Pyramids of that Matter behind it.

At the same time Monte Gibello from its top raged with dreadful Flames, which with its Noise [Page 16] and Concussions of the Earth still continuing, added not a little to the Terror of the People, who ran with Cries and Lamentations about the City and Country, expecting nothing but to be swallowed up, or consumed by Fire, having no other apprehensions but of Death, and a General Conflagration.

The two Torrents of Fire forward, destroying all things in their way, and by Wednesday, March 13th, had on the West side branched it self into several Streams, and overran Campo Rotundo, St. Pietro, and Mostorbianco, with La Potielli, and St. Antonino; and on the East part ruin'd the lower part of Mascalucia, and Le Placchi, taking its way towards this City.

On Thursday the 14th, the Wind came Eastwards, on which day fell abundance of Rain, which abated not the progress of the Fire; which on the East side had from Mascalucia made its way to St. Giovanni di Galermo, the lower part whereof it destroy'd; and passing on seem'd to threatned (sic) threaten this City on one side, as did that on the West-side the other.

As the Fire approached the Religious every where appeared with much Devotion, carrying [Page 17] in Procession their Reliques, especially those of St. Agatha, the famous Martyr of Catania, in which they reposed no small confidence, followed by great Multitudes of People, some of them Mortifying themselves with Whips, and other signes of Penance, with great Complaints and Cryes, expressing their dreadful expectation of the Events of those Prodigious Fiery Inundations.

Whil'st the People were thus busied in their Devotions, and astonisht by their Feares, News was brought to the Magistrates of the City, that a considerable number of Thieves and Robbers had taken the opportunity of this general Distraction, to make a Prey of the already distressed People, and that they had Murdered several of them for their Goods; and that it was to be fear'd, that the City of Catania it self might run some danger from the great numbers of them which were about the Country, and from thence took their opportunities to get into the Town. Whereupon, consultation being had for the prevention of farther mischief from them, the Commander of the Castle was Ordered with a considerable number of Horse, and a Party of Spaniards, to secure the Country [Page 18] and City against these Robbers; who immediately sent out several Parties with his provostMarshall, with Order to seize on all suspected Persons, and such as were not able to give a good account of themselves: and, for such as were taken in the Fact robbing, to Execute them by Martial-Law, without any farther Tryal, and accordingly caused three pair of Gallowes to be set up for their speedy Execution; one before the Gate Di Aci, a second in the Market-place, and a third before the Gate Della Decima, setting strong Guards upon the Gates of the City, and causing all suspected Houses to be searched, and Account to be given in of all Lodgers, and such persons to be secured, as could any wayes fall under a Suspition.

The poor People out of the Country being by this Prodigious Calamity stript out of all their Estates, and reduced to great extremity, fled most of them for refuge and reliefe to this City, with great Lamentations moving the Charity of the Magistrates, which was readily inclined to give them the best assistance they were able; and the Citizens, moved by their Complaints and Sufferings, freely open'd their Doores [Page 19] Doors, filling their Houses with as many of those distressed People, as they could possibly receive; the Bishop, and all persons of Quality and Estate contributing largely for their support, till better Order could be taken for the disposing of them.

The City of Messina also, and several other Cities (informed of this extraordinary Calamity) sent Hither large Supplies of Provisions, offering their best assistance to this place, in case of extremity.

All the Elements seemed at this time to make War upon us, and to conspire together for the punishment of the Inhabitants: The Ayre was continually darkened with Clouds and Smoke, agitated by great and violent Winds, and oftentimes showred down great Raines, insomuch as the Sun from the begining of these Eruptions, very seldome appeared to us, and when it did, (with extraordinary paleness,) for a little time only, and (as it were, abhorring so dreadful a Spectacle) soon hid its face again under a thick Cloud.

The Sea ran much higher than it was wont to do, and by its extraordinary Roaring, and in some places over-flowing its Bankes, added [Page 20] not a little to our consternation. The Land every where infested with Thieves, insomuch, that till by the extraordinary care taken by the Magistrates and Officers, severe execution was done upon such as were apprehended in the Fact, no person was able to stirr abroad without danger of his life; whilst the Fire by this prodigious overflowing of the Mountain, threatned to take possession of all.

On Friday the 15th. the stream of fiery Matter which destroyed the lower part of St. Giovanni di Galermo divided it self into two parts, one of its branches taking its way toward Mosterbianco, the other threatning the City of Catania, but this last was observed to move with more slowness then before, having in 24 hours time scarcely gained one mile.

On the 18th being Monday, the Torrents being still seen to draw nearer and nearer to this City, the Senate with Monsegnior Cambuchi the Bishop of this place, followed by all the Clergy Secular and Regular, and an infinite number of people went in a solemn Procession out of this City to Monte de St. Sofia, carrying out with greatest Devotion their [Page 21] choicest Relicks, and upon an Altar erected in view of the Mountain, exposed them, where they celebrated Mass and used the Exorcismes accustomed upon such extraordinary occasions, all which time, the Mountain ceased not as before with excessive roaring to throw up its smoak and flames with extraordinary violence, and abundance of great stones, which were carried through the Air, some of them falling within their view, though at ten miles distance from the Eruption; the Ashes which proceeded from thence were scattered in great abundance, as well on this City as on the Countrey adjacent, every where in the Fields with Cinders, and the heat of the said Ashes destroying the Grass, which obliged the people to drive away their Cattle to a farther distance, which would otherwise have perished for want of food.

These streams of ruine daily crept neerer and neerer to this City, but by uneven and irregular motions, according as it was more or less supply'd from its fountain; but on Wednesday the 20th we perceived that that branch of it which seemed most to threaten this City from St. Giovanni di Galermo was wholly extinguisht, and the o [Page 22] ther which bent its course towards Moster-bianco ran but slowly and gave us some hopes that its fury was also near spent, but the other Torent which had before overflown Mosterbianco, continued its motion with as much violence as ever, being in breadth above a Musquet shot over; but in probability could not easily overflow to the Westwards which was defended by its Rocky scituation; another branch which ran by Santo Pietro was observed to be much larger then the rest, and its stream more quick and active, but meeting with some opposition in its way, it made some stop, onely sending out a Rivolet toward the Eastwards about three or four yards wide, of its most subtle and active matter, which directed its course towards a small Village about a furlong distant from its main stream; another Branch threatned Campo Rotundo, but bent its course westwards towards the Farme of Valcorrente, where its Fiery body was scattered into several deep and rocky places, without any considerable damage.

About this time we had hopes that the violence of this eruption had been over, the Mountain not throwing out its flames with [Page 23] that violence as before, and its noise and roaring in a great measure ceased.

Those who at nearest distance took a view of the Mountain, informed, that the top of it, was fallen in, and the Mountain supposed to want near a mile of its former height; that the largest of the Mouths from whence these Fiery streams were vented, was about halfe a mile in compass, but the view of this dreadful inundation carried so much terror in it as they were not able to express; from all these Mouths were vomited Rivers of a thick and fiery substance of stone and Metals melted, whose depth was various according to the several places it filled in its passage, in some places 4, in others 8, 12 or 15 yards and upwards; its breadth in some places 6 miles, in others much more; its flame like that of Brimstone, and its motion like that of Quicksilver; advancing ordinarily very slowly, unless where it was provoked by the addition of a fresh Torrent or some considerable descent. Wheresoever it passed, it left large heaps of its congealed matter, with which it covered and burnt the earth, melting the walls of Castles and Houses, throwing down and consuming all [Page 24] before it, nothing being yet found able to resist its force, nor any thing able to quench its burning, water being observed rather to add to its fury; wheresoever it has passed, it has left its dreadful marks behind it, levelling some hills and raising others, so much changing the scituation, that not the least trace of any place or Town remains, nothing being to be seen but confused heaps of ragged stone, which yielding a noisome fume, strikes terror and astonishment into all that behold it.

On Friday the 22, the Mountain again roared with much loudness, and threw up from its Mouths a vast quantity of matter, which formed two large hills higher and larger then that of Monpilori, with a large bank of the same matter to the Eastwards, sending down a violent stream of its liquid matter towards Malpasso, much enlarging the former Current, and passing thence to Campo Rotundo and Santo Pietro compleated the ruines of those Towns, driving furiously towards Moster-bianco; the other stream by Santo Giovanni de Galermo being wholly diverted and extinguisht.

From this time till the 25th, the Mountain continued silent, but then it burst out again [Page 25] with more force than ever before, its noise much louder, like Peales of Ordnance, and so forcible and lasting, as for 24 houres it caused a shaking and trembling in our Buildings, the Ayre so filled with Smoak and Ashes, as darkned the Face of the Sky.

The Birds and Fowle about this time, either through want of Food, or illness of Ayre, which was corrupted with the noysome smells arising from these Burnings, were observed to lye dead in all places.

On the 28th. the Grand Current was advanced near the City as far as the old Capucins, which struck so great a Terror into the People, that most of them left the City, only some Officers remaining with such persons as were under their command, who have secured and sent away the Magazine and all the Artillery from the Castle.

[Page 26] [...]

A Later Relation from Catania, bearing Date the 27th of April, gives us this farther Account: viz.

THe Dreadful Inundation from Monte Gibello having destroyed many Castles and Towns, with an infinite loss, and utter ruine to the Inhabitants, arrived lately with a renewed Force at Mostor-bianco, which it has wholly ruin'd; from thence passing on to Albanelli, in four Dayes space destroyed all the Gardens and Vineyards, with 63 Thousand Vines.

On Wednesday, April 16. With an Impetuous Fiery Torrent it came towards Sardanello, where all the remainder of the Inhabitants of this City were Spectators of it, which resembled [Page 27] a River of melted and burning Brass, about ten Ells wide, running with swiftness to the Arch of Marcus Marcellus, a Famous Piece of Antiquity, and passing under it ruin'd about 6 Ells of it, which was the breadth of the Current in that place: from thence it ran to Madonna di Monserrato, which it wholly destroyed: then falling down to Madonna delle Gratie, it entred in at one Gate, and passed through another, without any considerable hurt, and running through the Gate Della Decima, filled all the Plaine Di Schiara Viva, where it was above six Ells deep. Then taking its way towards the Bulwark, on the Sea-side, under the Castle of this City, it ran by, two Ells deep into the Sea; in which, (to the great wonder of all that saw it) it has made its Progress a mile in length, and as much in breadth, and is drawing towards the Gate of the Channel, which gives us great Apprehensions, least it may that way Invade the City it self: Nor is there less Danger on the side Del Tindaro, where there runs a great Torrent of the same Active matter, which drawes near, and seemes to threaten [Page 28] the Walls, and is in that place about a mile in breadth, having over-flowed and destroyed all the Gardens, from the Gate Della Decima, as farr as Madonna delli Amellati.

[...]

A LETTER Of Advice concerning Marriage.

Honoured Cousin,

I Received yours of the second of July last, acquainting me with several Overtures lately made you in the way of Marriage, and requiring my Counsel for your Choice; which, as a matter of moment, I have accordingly considered: yet being a stranger to the party you mention, shall, in lieu of particular Directions, offer you such general Cautions, as (if duly apply'd) may at least secure you from the common but fatal Miscarriages of that Condition.

'Tis an useful Observation, That though the raising of Families be peculiar to Men, yet in preserving them Women are concern'd; there being many Domestick Offices, which, though Nature, Custom or [Page 2] Opinion have rendred them unfit or unseemly for Husbands, are yet for Wives not only decent but commendable; and to common welfare so necessary, that the neglect of them is seldom without decay: Hence that thred-bare saying, ‘If you will thrive, look how you wive’. In which single respect, the very sloth and incapacity of most women now-adays (especially Heirs and Fondlings, bred even to a contempt of Huswifery) is without profuseness a defect scarce to be repair'd by fortune. Wherefore to one that hath already a solid Estate, not to be acquir'd, but well managed & gradually improv'd, 'tis certainly upon this account more profitable to purchase the Wife, whose thrift is it self a yearly, nay weekly revenue; than for one to compass a lump of Money with an excessive Rentcharge atending it: But if to such defect should be added the affectation of our present Court and Citypomp (and what better can be there expected?) no Bank confines such a Torrent, nor can any Pile of wealth afford Fewel for such a Flame; the quantity serving only to accelerate the Consumption.

For doubtless to that Sex an Expence belongs, which though never so demurely carried, far exceeds that of Men; but meeting with Quality and Vanity, knows no measure. Maids, I confess, acting purely for themselves, and for the most part making a Virtue of Necessity, may perhaps with their singular affected Parsimony, with other notable shifts, smother and palliate this expensive humour: indeed inded (sic) it is their Master-piece so to do. But then in the change of their condition (and withal concernment, it should seem, by Marriage) like an unnatural restraint, without extraordinary discretion and kindness to their [Page 3] Husbands, it breaks forth with double violence: their Train is much longer, their Visits and Collations more sumptuous and frequent, their Dresses more curious and elaborate than ours; their Journeys infinitely cumbersome and expensive: Not to mention there Childbeds and Gossipping, to the due equipage whereof all Trades must conspire: yet where are the men that consider this? Can we then expect it from Women? Their partiality is such, that though they cause double the Charge, yet if they bring but half the Estate, they reckon, that as purchasers they have right to spend: a prejudice with our Gallants so general, but withal dangerous, that were it duly weighed, it would strike at the very root of Marriage. Suitors therefore we see are obliged by no means to consult their Reason, much less their Arithmetick; Ignorance may well be styled the Mother of their Devotion.

Howbeit I would not be construed herein to declaim against Marriage: one may I hope blame the Corruptions of Lawyers without irreverence to the Law. Error is but a Foil to Truth, and by redressing abuses, the regular use is best establish'd. Marriage we know is a state necessary both to the Conservation and Comfort of Mankind, consecrated by God himself, who would never have instituted and so recommended it, were it not most consistent with our well-being; but the best perverted, proves the worst: and in nothing hath there been a greater departure from primitive intention than in Marriage, to the bane and scandal of Society.

The root of this, as of all other evils, is Covetousness; but by the fate of irregular Appetites so dazled, that it shoots at random very wide of the mark. To [Page 4] such as observe the shrewdness of Covetous men in all other pursuits, it may seem a miracle, that herein they should act with so little foresight; and might perhaps be referred to divine Justice, thus arraigning their ill-gotten Estates. But alas, their Example, with the same they carry for wisdom, hath misguided persons of better Principles; whom to reclaim were methinks a publick service: Wherefore leaving those to their incorrigible vice and delusion, I frame my discourse to you, who may communicate it to some honest Gentlemen of your acquaintance, where you judge it needful or useful.

Our Gentry may now be considered under four Conditions or Capacities; viz. Such as have little or nothing to trust to; such as have bare Competencies; such as have fair Estates, but encumbred or expectant; and such as have ample and clear Fortunes.

How needless it is for the first of these to marry needs no proof; yet if some favourable opportunity should tempt them so to endeavour the improving their condition, which they can hardly much impair, they are partly excusable: only let them not too much triumph in their purchase, nor be surprised if they mend not by their change of Climate, for some that have tried will inform them, there is no Villainage to the Apron-tenure. If in any case such Matches have success, 'tis with Cadets of the Nobility, whose high Birth serves to ballance the Wealth, and bridle the arrogance of women.

The second rate of Gentlemen in former times were observed frequently to advance their Estates by Marriage; but it was in the Golden age of Female [Page 5] innocence, ere they had tasted the Tree of Knowledge; whilst their Breeding was strict, their Appetites regular, their Wills governable, and even Heirs were not therefore the worse Wives: The Scene is dangerously altered; those Pleasure-boats now adays carrying such Sail, as without skilful and happy Steerage must needs overset in our Seas. Hence with Gentlemen of indifferent Estates, when they go a Fortune-catching, it commonly fares as with the Dog in the Fable; their prizes in the upshot proving worse to them than Blanks: our Politicians therefore recommend to them Marriage Alamode; Yet not to flatter the Vice and Prejudice of the Age; I dare maintain, That prudent Wedlock is even for such the more thriving state, and no such Bugbear as some of our Wits represent it; there being instances enough of our best Gentry with moderate Estates, both living honourably & providing well for Posterity: and nothing now more familiar than to see some rich with 500l. a year, to the envy and reproach of others that are poor with their Thousands: For as Citizens say of their Shops, ‘Home seldom fails to keep those that keep home’.

To Gentlemen of the Third Rank, viz. whose Estates are expectant or incumbred, 'tis indeed more expedient to marry for Riches, yet is not such obligation equal to all; neither indeed seems it requisite but in particular cases, where discretion perhaps would rather dictate the preferring of single Life, or at least the deferring of Marriage; for Instance: If to a certain fair expectance there be for the present only a bare pension.

I know it is a Maxim authorised by current pra [Page 6] ctice, That encumbred Estates are best cleared with Marriage-portions; but it proves a treacherous Cure, neither indeed is it a proper expedient: For if the Estate be great and the Encumbrance comparatively small, an easie sale would best discharge it, leaving the Patrimony sound and the Owner free. And one who having thus settled his Affairs, and afterwards weds to his best Choice, shall sooner thrive and purchase than the most prosperous Fortune-catcher. But if the Debt be a dangerous Sum, the payment of it by Marriage is next to desperate; it faring with such Adventurers as with Privateers, who, betwixt the charge of Rigging, hazard of missing and triumph of getting Booties are in all Events destined to be Bankrupts. Like cold Drink in a Fever, it cools the mouth, but inflames the blood; and at best helps no otherwise to patch up an encumbred and declining Condition, than doth an outward Prop to support a crazie Building. Much might however be alledged in excuse for those, whose exigencies so stimulate and perplex them, that they neither freely act nor clearly judge; whereas our Gentlemen of large and entire Estates, when they wrack upon that Coast, are purely to thank themselves.

You will tell me, Marriage now lies under great obloquy, as a Phlegmatick state of Life, yielding no variety but of trouble; fit only for the blew or Leathern-apron, but uneasie for men of generous Minds and free Fortunes, presumed not to brook such restraint of their Conversations and Appetites: 'Tis represented as the Purgatory of Persons and Canker of Estates; nay, the Rules of the King's Bench (if some of our Wits may be credited) have more El [Page 7] bow-rom: for oft methinks it proves so, the greater their reproach, who so fondly abandon their true interest, and disparage it; there being certainly no real inconvenience which well-advised Marriage imposes, no honest freedom which it denies to men of plentiful Estates; rather many advantages peculiar to it, it being their great Prerogative, that their Choice is in effect unconfin'd: For we daily see, that the owner of a fair and plentiful Revenue, dispensing but with Portion, needs not despair of success almost in any other pursuit; and 'tis no less certain, that to persons of such Fortune Portions are superfluous.

The most common and plausible excuse of our ignoble Matches, is the same Scare-crow which frights so many from marrying at all, forsooth, the apprehension of being over-charged with Children, to the clogging of their Estates, or at least abridging of their Pomp: A consideration at best otherwise: For since by singular Providence, even Families of ordinary Rank and Estate, in stead of being burthened, are notably supported by numerous Posterity. How secure from that danger must our eminent Landlords be! rather what Latitude have they for Bounty, with allowance for some Vanity!

But there is one mistake common to great Landlords and great Princes, or rather Parallel between them. Great Princes were ever noted to place all their Glory in Conquest, supposing, that if with infinite Charge and Hazard, to the oppression of their subjects and neighbours, they added one little Province of their own acquiring to their vast Dominions and Titles, they gave a sufficient account [Page 8] of their Sceptres: Whereas they then pursue the real Interest of Empire, when by due execution of good Laws, and careful obedience of their People, they govern more securely, nay, more absolutely than the Sultan doth with his Scemitar; rendring small Territories equivalent to Monarchies. With like prejudice great Landlords, even those that carry the fame of Wisdom, amuse and perplex themselves in pursuit of somewhat to be acquired by Marriage or purchase, no doubt as a Trophy of their good conduct; forsaking in the mean time their more noble and solid advantage, which consists in the generous Fruition and gradual Improvement of what they already possess. 'Tis one of the sorest evils under the Sun, the very Canker of wealth, like the Worm in the Gourd, that one already seized of a vast estate (more perhaps than he hath heart to use or Brain to manage) should harass or but disease himself in the acquest of some little accession: more brutish herein than Beasts who being in rich Pastures, break no Fences, nor look any further. How happy were it, could such but be acquainted with the goodly privileges and improvements of their Estates by discreet enjoyment; so at least, as not to seek what they have, and dearly buy, or rather sell and betray their own Fortunes! To see a Gentleman of Estate, out of the Usurer's reach, and without colour of Exigence, not rashly, but industriously and with great ostentation of wisdom, for sorry pelf and lucre, expose himself, with all his hopes and advantages, to the venture (indeed certain mischief) of an unworthy Match; what is it but to be suborn'd to his own manifest wrong, and hired as it were [Page 9] to destroy himself? such errour being every way surrounded with repentance.

In the first place, 'tis an authentick Observation, That great Portions are commonly attended with great disappointments and frauds; however, that Land is rarely therewith purchased or Estates improved, almost as seldom as with Moneys won at play; they serving for the most part rather like Sawces to humour the palate and whet the appetite, than food to nourish; dangerous Fewel, and Decoys of vanity and expence. I grant that such as have little or no other fund oft-times speed better with them; partly by reason of the thrift to which they have been obliged, little being from such expected; chiefly for that great kindness on the Womans side, being the ground-work of such Matches, disposes them to chearful compliance: Much like Offices and Court-employments, which though commodious for Cadets, yet with great Landlords we find scarce turn to account. When the Bills of Wooing, Wedding, and Honey-year are defraid, the Baste I doubt proves more than the Roast.

Yet in pursuit thereof, the Fortune-catcher disclaims all those nobler Considerations and Attractives, most of which are singly without comparison to be preferr'd, but some inestimable, for that by Nature, Precept or Example they are propagated, (viz.) lovely Feature and Shape, graceful Motion, sound Constitution, Gayety of Humour, Quickness of Wit, discreet Behaviour, approved Huswifery, &c. In lieu whereof he oft-times both stifles his Affections and buries his Family, by marrying certain Barrenness or Infirmity, courting imperfections which [Page 10] carry with them an Attainder of Blood. At best, he blindly subjects even his present Fortune to the discretion of a woman taken at random from the Lottery of a licentious Age. For with what Arms shall he defend himself from her Wantonness, Malice, or but Folly? Some indeed oppose the Husband's Authority as a sufficient Target; but alas! our Prisons, I doubt may now afford a full Regiment of such Martyrs: so dangerous a Privilege hath it prov'd of late for our fair Ladies to be unconcern'd in Debts of their own contracting, and so make their Husband's Mittimus at their pleasure. Stay, there is yet (if possible) a sharper Sting in the tayl of this Miscarriage; for to win those unprofitable Trophies, vast Joyntures, and even Liquid Rents are often extorted, Conveyances and Trusts are multiplied to dangerous Expence, but far more dangerous Encumbrance; indeed the endless perplexing of Claims and Titles, a fruitful Sedolet of pernicious Suits and Discords in after-times. Troth, if the Husband henceforth write Philip and Mary, 'tis all he can hope for: She reckons his Estate her Purchase, and disputes his Property; not to lie admonish'd without Sullenness, nor controll'd without the menace of a final Breach, and intimation of worse, the danger of Elopment being fairly provided for by sutable Alimony of course presum'd: towards which, and for the perfect binding of foolish Jealousie to its good behaviour, on the same worthy Consideration whole Patrimonies are likewise settled; whereby at one dash the sheepish Owner, forfeiting as it were his Inheritance becomes a sorry Pensioner, devested of all Authority, unable to serve his Prince or Friend, or help himself in case [Page 11] of any Exigent unforeseen. His eldest Son he makes his Landlord of an interest wholly forreign and independent, able to borrow more pounds than himself can fairly shillings; and claiming not by descent, much less by his Father's bounty, but by even his own or his Mothers purchase, or at least the wise provision of his Parents on that side. No marvel then if his Obedience prove answerable, since without some preternatural Obligation, 'tis daily seen what becomes of filial Duty and Reverence. His younger Children, like Estrich's Eggs, he exposes to pity, that is, contempt, and the miseries that attend poverty and quality in conjunction; oft-times disabling himself so much as to countenance them in a Mechanick Course, with such manifest hardship, that he can never look clearly on them, nor almost challenge their observance. Thus it happens to his Family, as where Dung lies still unspread; the whole Farm is Barren, and the Maxim Maxine (sic) noisom. But besides all this, to me methinks it is not a little strange, that in the very Bargain such Fallacies should be obtruded on men endued with Number and Sense. First the Portion is computed to yield an Income answerable to the Current Rate of Interest, and measures for Settlement accordingly taken; whereas, though it came clearly to account (as scarce ever it doth) yet with Gentlemen of noble and free Estate, whose stock seldom runs in that Channel, 'tis fair if it turn to half that profit; and then 'tis admitted as a Revenue proportioned to the present Maintenance and Port of Wives: when, alas, were it fairly examined, not grosly swallowed like a Dutch Reckoning Altmeale , [Page 12] it would but too plainly appear, the Pomp of such Women is rarely defrayed at double the charge: For so great is their overweening, so little their tenderness or Justice to their Husbands (into whose Families they are not kindly engraffed) that those who at their Parents allowance were proud enough of keeping their Maid, and gloried in the Managery of a sorry Stipend, do, on their Marriage, even challenge an exorbitant Train and boundless Expence, little caring what becomes of their Husbands, so they hold fast their Joyntures.

On the other side, a generous and prudent match, is further improved with divers Felicities naturally attending it; which I shall endeavour by way of Antithesis to exemplifie in many pregnant Instances.

To those golden Idols of course belongs a superstitious worship, with such tedious and frivolous addresses and pursuit for the most part, as, besides the present Excess, lays a foundation for future unthrift, (a Torrent which is scarce to be suddenly check'd;) so driving men upon all accounts to a scurvy After-game. For though the Oaths of Suitors are become a By-word (as for their Vanity they deserve) yet at best they are dangerous impertinencies, scarce consistent with Wisdom or Honour. To vow a Talent with meaning a Drachme, to flatter egregiously without ground of Truth, how vile and abject is it! And if such as use it meet with the success they merit, by being taken at their words, are they not paid in their own Coyn? For how can they worthily assert that Authority which they have so prostrated? And with what Forehead can they chal [Page 13] lenge that Duty, where they have sworn such Fealty and done such Homage? He at once cuts off all this Pageantry, who appay'd in his Self-sufficiency without other regard, gratifies his inclinations, makes his own Conditions, and is courted to his real advantage: he breaks not his word, in keeping and using his power, nor renders himself Usurper to his own Right; but finds her indeed a Wife whom he never made a Mistress, nor furnish'd with any pretence of aspiring to it. How little soever she brings, I dare profess, that at seven years end, on this account, he shall boast of his Bargain.

It hath been noted as the fatal Error of our common Oeconomy to begin at the wrong end, by indulging present Excess, and projecting future Thrift: We see goodly Vessels daily split upon that Rock; whereat none will marvel that consider how preposterous and almost impracticable it is, from the difficulty of playing the After-game of Fortune and reforming evil (but especially voluptuous) Habits; from the daily growing charge of Children and their Education, as also from the disrepute attending such Retrenchments. Besides, of what consequence in it self considered must it be to save or spend at first? Since a stock timely saved, may be easie improvement in some years double its Capital; but a Sum early borrowed shall within the same period quadruple its Debt: whereby the perpetual plenty or penury of Families, with all the ensuing benefits or mischiefs seem chiefly hereon to depend. Hence that homely but useful Proverb, of taking her down in her Wedding-shooes; which to Wives not intoxicated with Fortune is familiar enough: where [Page 14] as those Courting stocks, from the Cradle cockered, and only wedded to their Wills, are not to be convinced but by late Experience, the curst Schoolmistress of Fools.

No man is so unvers'd in houshold or worldly affairs, but must observe how good Families are preserved, and both interest and repute advanced by the honourable Residence of Landlords upon their Demesnes, by constant absence or frequent motion undermin'd and eclipsed: Insomuch as some stick not to averr, that before the common use of Coaches, few but Traytors or Felons made shipwrack of their Freeholds. Indeed if the Husband should be forth by occasions or on publick Service, yet what hath the Wife to do, but stay at home, and as a trusty Deputy act for his interest by his order in his stead? Her House is her proper Sphere, her best Title that of Huswifery; which if she merit not, she is so far from being a help meet for him, as she is certainly his great encumbrance. But is this the practice of our Female-sparks? are these the Maxims of such as by the false measures, and with the natural arrogance of rich Wives, ever fancy they have over-bought their Husbands and under-sold themselves? Do they espouse their Husbands welfare, or but consider it in competition with their own ease, appetite or humour? What noise is heard but the loud Eccho's of their Fortune, with challenge of Equipage and Expence in their Judgment sutable, that is, vastly exceeding it, and such as few Estates can support? Is not Home their banishment, and London indeed their home? If their Lot be not to live in that or some other good Town or place of like charge and diver [Page 15] tisement, what exceptions are taken! what objections and delays contrived! The Air is either too moist or too cold, too thick or too thin; the ways thereabouts to be sure are either dirty or stony; the House too solitary or too near a Street, not of modern Fabrick, or modish Furniture: The Gentry of those parts not Courtly; not a man it should seem within ken qualified for a Gallant; the Commonalty rude, &c. Possibly they are at length hal'd to their homes as to Prisons, but hir'd, forsooth, with the Donative of a Child's portion or two, to purchase Toys for the Wife, and therewith quiet for the Husband. Being placed at the Helm of a good Family, like a Monkey at the Steerage of a ship, their first care is to solicit acquaintance, and their main business consists in the Ceremony of receiving and returning visits; their Entertainments finding work for three or four Servants, their very Salutations and Appointments too for almost as many: so that here to act the part of good Husbands in the Vulgar notion both to Wives and Estates, to gratifie the one and preserve the other is perhaps next door to impossible.

The good Nature of Children singly considered is of greater moment and advantage than wealth, the improvements of it being far more excellent, and the miscarriages less reparable. For what recompense of Fortune to a Creeple, a diseased Body, an uncomely person, above all, a crooked Mind? and what Portion equal to those personal Endowments, the propriety whereof neither Fortune nor malice can invade? To this eminent Duty the true Huswife dedicates her time and pains: her Children are her [Page 16] Garden, her Park, nay her Court. In their tender years her business is to protect them from disasters and injuries, to secure their health and growth, to observe their Genius, to instruct them in their best Capacities, yet rather leading than driving them, and supplying their defects with her skill and diligence; in all which her thrift is sutable to her tenderness. Her Sons she early resigns to their Father's Discipline, never interrupting it with pernicious fondness: In their riper years, she insensibly trains them to laudable Qualities, (yet for use not ostentation) her Lectures and Charms chiefly tending to the banishment of pride and sloth. Having thus seasoned them with Principles of Thrift and Content, she scrapes not for portions, nor is solicitous of their preferment, which she trusts may succeed to her wish, as commonly it doth; however she acquits and satisfies her self with this reasonable confidence, that if they prove not fortunate, they can scarce be miserable; which yet to our delicate and shiftless Dames frequently happens. But will our She-gallant now adays admit any such vulgar duty as the tendance of her Children; surely, that she leaves for Mechanicks, assigning the drudgery thereof to Hirelings, who accordingly perform it to treble Charge and Expence, as needless, as fruitless: she hears not their complaints or wants, much less sees them, but in their sad effects, incurable lameness or sickness, to the sudden expiring even of fruitful Families; no, the importance of her Dresses or Treatments affords not leisure for such trifles; or if to supererogate she mind them by fits, yet through her partiality or uneven Temper, such regard proves worse than neglect. On [Page 17] her Sons (especially the eldest) of course she dotes, underhand fomenting their stubbornness to the overthrow of whatsoever their Father with his Wisdom builds. In fine, her chief care is to cultivate their pride, the rankest Weed of our Nature, by good parents so industriously subdued: To her own Idea she frames them, for indeed better Principles or Manners than she hath how should she infuse? so that people in the Streets scarce forbear to proclame them Chips of the old Block; and at last in despite of their Father's provision, 'tis great odds, they marry either to his disparagement or their Husbands undoing.

The exact survey of their own Estates is a skill and employment more worthy of prudent Landlords, than some other their Entertainments, plausible indeed but not practicable; were it more in request, good Families would not so fast decline. It would impartially discover to them their strength or weakness, and acquaint them what indeed they have to spend; which I dare pronounce is seldom half so much as Fame and Opinion suggest unto them: For computing Revenues now adays with their manifold losses and Reprises, they prove in effect like some fruits, little more than Shells and Parage; which how generally soever discours'd, is seldom rightly stated, save by such as have smarted for their Experience of it. But how harsh a note is this to our Damsels, enured to reckon by thousands! Can they disgorge what they have so well digested, or patiently hear, that in the estimate of their Husband's Income, there happen'd, forsooth, an unlucky mistake of Pounds instead of Nobles? Alas! that might endanger the gilding of their next Coach, the reduce [Page 18] ment of their Equipage, their forbearance of London, &c. No, there's a trick worth two of that, even to set the best foot forward; not to brook such unsavoury Truths, but rather to their own and their Husband's Credit, to admit the popular Cry, and with it conspire to his Bane.

Of like necessary use is it to be vers'd in the Rates and Measures of houshold Expence, which in wellgovern'd Families should be almost as regular as the victualling of Fleets; to have the faculty of handsom, but withal provident House-keeping and Entertainment; of procuring Equipage and Furniture of all sorts at the best hand, likewise of adjusting, preserving and repairing it: for want whereof our English Ladies are said to have contracted such obloquy in Holland, where by reason of the constant dearness of Provisions, and endless Payments, no man of what Estate soever without great frugality can thrive or well subsist, that a Dutch man scarce marries one of them without the loss of his Tradingcredit. Some of these Qualities the right-bred Huswife sucked in with her Mothers milk, others she learned with her ABC, and for the rest proves no Truant, her Genius being active, and fixed on the Idea of Huswifery as its proper object; wherein her defects, if any, are of course supplied by her Husbands Experience, whose Advice, whether directory or monitory, finds her ear always open to it. But what hope of enammelling a mere Flint? what thought of instructing persons too dull to apprehend of themselves, too froward to learn? Offer our Female Libertines any Counsel that trenches on their Vanity, or pinches their Sloth, 'tis at best durus ser [Page 19] mo , and accordingly with them it speeds; reckoning or contrivance, it should seem, are as much below their breeding as Thrift: Rather they have conferr'd notes with the good Fellows, whose generous Maxime, they say, is to drink as long as the Cup will ramn (sic); the utmost extent of their Husband's credit (if they can carry it by hook or by crook) being the only limit of their Expence: otherwise Estates could not be so commonly blown up without noise, and as it were with white Powder, nor mouldred away by good, that is, demure and well-meaning Wives, faster, methinks, than even bad Husbands dispatch them.

Of Wives advisely taken from a frugal Stock, the same proof may resonably be expected as of Trees chosen out of a Nursery, the Glebe wereof is found but barren, and remov'd into a richer Soil; or like a Rhenish Grape transplanted into a Southern Climate, the Race whereof is said to be our right Canary. Such are commonly unacquainted with delicacy or sloth, and early seasoned with this Principle, That their esteem for Virtue and Huswifery is their best Portion: so as the improvement of their Condition by Marriage to their Native Qualities, must needs add that of Content and Complacence, than which nothing is in Wives more amiable. The Restraint of others proves their Manumission, and they are apt to err on the safer hand, Retirement: or if their sprightly Genius with their Youth should incline them to the Gayety of Towns and Treatments, yet not being naturalized thereto by Custom, they are by the sense of their Duty or personal Engagement without violence reclaimed. Nor [Page 20] is this happy Temper only considerable in it self, but in the soveraign influence it hath on their Husbands, thereby often wean'd from their Extravagancies: whereas there is no Purgatory to the unquiet Conversation of some Wives, when their boundless appetites or lofty expectations are not gratified. The turbulency of such, if Solomon may be credited, turns a Palace into a Cottage, or, if we will trust Experience, into Bridewel or Bedlam. Nay though it be but the common Chagrin, and little moods of our peevish and affected Dames, the endless impertinence of them too often so disturbs men of better Principles and Humour, that finding themselves uneasie sojourners in their Houses, under pretence of Civil Inclination, have courted their divertisement in the freedom of Lodgings at London, or welcome of Inns and Taverns which their Purses command. But then whilst the Lawless freedom of these Planets by inviting Courtship, if it betray them not, yet seldom fails of exposing even the best of them to their Husband's just resentment, nay to Lampoons and Vulgar Censures, with indelible stains of Honour; the wise and decent Reservedness of these fixed Orbs, as it worthily endears them to their Husbands, so it preserves no less their Fame than their Virtue, and perfumes their Memory.

And as there is nothing more fulsom than the pride of these goodly Cyphers at the Spring-tide of prosperity, so in any ebb of Fortune, by their drooping and whining they at best discover their dross. Take from these Birds of Juno their Train, and is there ought so vulgar, indeed so despicable? But though their Spirits sink, 'tis great odds their Spleens [Page 21] rise; and then whether the decay proceed from publick Calamity, private misfortune, or, as too oft it happens, through their own fault, Reason and Patience give place to Fury and Clamour: the portions they brought are aloud objected, and their Husbands (though indeed the chief, if not the only sufferers) arraign'd for betraying their innocent wives to the distress of missing their Coaches and Liveries: the noise and anguish whereof is to ingenuous Natures so sensible, that it drives them as it were in their own defence to purchase their present quiet with ruinous compliance and concealment of their Exigencies; it being observ'd that our Domestick breaches (now so familiar) have generally their rise from the first visible decay of Husbands in their Estates, and their necessary abridging the superfluity of such Wives: for they are mere Summer-friends, and a sort of Legal Concubines; their love depends on their fare, and no Penny, no Pater noster , is their Principle. What a Cordial is this to men in affliction! such a female Comfort for all the world had Job. Much happier is the Omen of generous Matches, Desert being the womans Dowry: To such the vicissitudes of Fortune are no surprisals. The Virtue of their Education qualifies even their prosperity, and for the most part secures it: but if the same wings of wealth which brought it to them, should carry it from their Husbands, they retreat in order, and easily renew their old acquaintance acquintance (sic) with Thrift; nay, with less reluctancy can they go, if need be, to America, than most Wives are drawn from London into some neighbouring County; as owning their Husbands welfare for their only interest, and that [Page 22] for their Country whither his occasions call them; whose very Eclipse by such chearful aid and compliance proves to him a state rather of Temperance and Retirement than want.

But lastly and chiefly, great Portions (as before was hinted) are dearly purchased with answerable Joyntures to the exceeding detriment of good Families, by keeping the Heirs almost in perpetual Nonage: whereas by dispensing in point of Fortune, all such pretences vanish, and moderate provisions (consistent with the well-being thereof) are chearfully embraced; which being accordingly made in in in (sic) Bar of Dower, and (for the greater share) limited to continue only during Widowhood, are likewise the best, perhaps only sufficient Fences against those fatal Trespasses and Disseisins, which commonly ensue from the rashness of young wantons in the choice of their second Beds: the Fortune-catcher through his silly purchase and groundless confidence, proving in the mean time little better than a Pimp to his ignoble successor, and a Butcher to his posterity, expos'd almost as a certain prey to the Intruder. For daily experience acquaints us, that as Widows (so continuing, and honourably retaining the name and memory of their first Affections) are of all others the most faithful and happy Guardians and Executors; so there is no hostility to the unnaturalness of Mothers, when forsaking as it were their Colours, and betaking themselves to the adverse party, they become a kind of Stepdames to their own Brood.

I foresee you will meet with several Objections, commonly urged in excuse of that ignoble Principle [Page 23] and practice, viz. the dispensing with any thing in Marriage rather than Money, and compassing the Golden Wedge on any terms, which with one of your Judgment must even carry little weight: however I shall briefly examine the most material of them.

To the first 'tis readily answered, That all fair and deserving Ladies will, I doubt not, take me for their Advocate; and if they smile, the frowns of others shall the less concern me: under that Imperial Banner I assure my self both of safety and victory.

To the second I cannot better reply, than by referring to the several Antitheses betwixt Huswives and Gallants; which, together with the notorious fallacy and encumbrance of great Portions stop the mouth of this Objection. To say the truth, 'tis with women as with Fire and Water; nothing so destructive where they prevail or exceed, nothing so innocent and useful in their proper limits.

To the third; Men should act with Reason, not regarding popular Censure, their real welfare being of greater consequence to them, than the verdict of that incompetent Jury. As to their being overreach'd, may not the retaining the Dominion of their Estates abundantly salve their Credit? Surely they will be so far from fearing the Censure of wise men, as rather to win their applause, and perhaps invite their imitation.

The fourth might better have been urged formerly, when Widows were indeed such. But if in moderate and limited Joyntures there be Errour, 'tis at least a safe one, reparable at pleasure, in case of [Page 25] special confidence or desert; the other mischief in case of demerit, being irretrievable: nay, the very reservation of Power in the Husband to oblige or resent is perhaps the life of his Authority.

To the fifth, Though no humane Providence be entire and complete; yet the absolute dependence of eldest Sons on their Father's bounty is the likeliest means to secure their Duty, and curb their Perversness and Extravagance: however let them at least owe their ruine to their own, not their Father's folly; and if perish they must, die rather like men than beasts, ordained to be innocently sacrificed.

The sixth reflects untowardly on our Gentry, who though disabled to raise Mountains for their Daughters, yet oft-times recompence that want with generous and usefull Breeding, such as Money perhaps cannot compass, and will therefore disdain that Vulgar scandal.

The seventh bids defiance to common Experience, which affords frequent Examples of Wives, by whose Huswifery, without advantage of Dowry, weak and encumbred Estates, even in adverse times, have been notably rescued and improved: but of eminent Landlords by hundreds, without any visible improvidence of their own, strangely undone through the Vanity of women. Nay, there is scarce any numerous Brood, which presents not this variety even among Sisters; some whereof were born for the support of Husbands, others for their downfal: so considerable is that Sex to the Lustre or Eclipse of Families. Indeed were Wives but so just or goodnatur'd as to continue their Maiden-thrift in their married State, Husbands would grow but too rich.

[Page 26]

The eighth reduces the matter to blind Chance, disabling not only Reason but Sense. Much I allow to the Artifice of Women in appearing to advantage, and with such outsides sordid Minds are affected, like greedy Vermine caught with slight Baits; there would not otherwise be such Devotions paid to such sorry Saints: But men of noble Intention are not so enchanted; Real worth being to such as discernible from Affectation, as fine Silver from Alchymy, or true Beauty from Dawbing.

For the ninth, I admit Gentlemen of entire Estates to be herein concern'd, but not exclusively to persons of all degrees having any solid Fund of Revenue; these Maxims being proportionably Universal.

The tenth is grounded on the presumption of inexcusable Fondness in most that marry. Truly I have not of late observ'd that amorous humour to be very predominant in our Matches; the other and worse Extreme of preferring a Licentious Celibate, or marrying with a vicious intent, being, methinks, in far more request. Some there will ever be, in whom Fortune and Folly conspire to their ruine: These I abandon as Strays and Forfeits to the Lord of the Mannour where they first light; but they are comparatively fools. The danger of defeating Conditional Settlements seems yet more remote, there being little fear of such dotage in those Husbands who had once the Prudence to make them; and less encouragement, one would think, for Wives, by such plain dealing, to proclaim their design of Second Marriage.

The last were indeed a just Exception, if herein I [Page 27] pretended to more than the advising my Friend: The subject I confess is copious enough; one might without straining argue the importance of it to the publick, what price, and consequently what life it would give to the languishing Virtues of Women; what a Curb it would prove, not only to that Sexes Vanity, but to Luxury in general, it being notorious that in effect all our ruinous Pomp may be charged on womens account, as being either by them, or for them incurred. What a sumptuary Law it would prove, if the extravagance of Wooings and Weddings were reduced to their simple Decorum; How it would restore the Lustre of our Gentry; how it would check the pride of our Money-monger; chiefly founded in their greedy swallowing of his treacherous Baits; How it would advance the noble interest of Land, by rescuing it from the snare of cheap and prostitute Encumbrances, &c. But you see I trouble not the Policks, leaving our Wits to dispute, whether the general disallowing or limiting of Marriage-portions were profitable or practicable: Let others use their discretion, and take their fortune, you, I dare say, are neither Votary nor slave to Custom.

To conclude this tedious Epistle, Marry in God's name; your Ancestors deserve and require it of you, who both by their Virtue rais'd a Family worthy to be continued, and by their providence left you an Estate sufficient to continue, nay, to enlarge it. Let no licentious Principle of the Age divert, nor Vulgar Prejudice deter you from a state of Life for you so expedient; and which for Gentlemen of your condition, (what ever may be surmised) hath no Fet [Page 28] ters but of their own forging: Marry, I say, but generously and circumspectly, even the most worthy or lovely person you can meet with or hear of. 'Tis a debt due to your Posterity that you propagate the best you can; nay you owe it most of all to your self and your own welfare: if somewhat must be dispensed with (as in all worldly matters there certainly must) let it be money, since that to my knowledge you least want: but for the propriety of your Estate, let nothing wrest it from you, and scorn that all the Bags in London should decoy you to settle it: reckon it to you as sacred and essential, as to Princes their Militia or Negative Vote; and part no more with it, than, were you a Soveraign, you would be bought or cajol'd tamely to resign your Sceptre. For matter of Joynture use your own Latitude; but limit the main of it to Widowhood, or the Heir's Minority, as you see cause. Be not so supine as to make no provision against Power; above all beware of Liquid Rents: Be Captain of your own Pinnace whatever it cost you; what you lose in the Hundred, you will abundantly recover in the County; and though you finger not a Token, know 'tis the best bargain you will ever drive. For your general and final direction take that of the Roman poet,

Veniunt à Dote Sagittæ

:
With this of the famous Epigrammatist, [Page 29]

Inferior Matrona suo sit, Prisce, Marito,

Haud aliter fiunt fœmina virque pares.

And thus heartily wishing prosperity to your noble Resolutions, I always continue,

SIR,

Your Faithful Kinsman
and Servant
A. B.

[Page [i]] [Page [ii]]

Table of contents

• THE PREFACE TO THE READER .

• 1. A True Account of my being taken, and Sufferings during my Captivity.
• 2. An Account of my Escape, Mr. Edmund Baxter, and others from Barbary.

[Page 14] [Page 3]

Table of contents

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

ANN Jefferies, (for that was her Maiden Name) of whom the following strange things are related, was born in the Parish of St. Teath in the County of Cornwall, in December, 1626. and she is still living, 1696. being now in the 70th Year of her Age; she is married to one William Warden, formerly Hind (a Hind is one that looks after the rest of the Servants, the Grounds, Cattel, Corn &c. of his Master) to the late eminent Physician Dr. Richard Lower deceased; and now lives as Hind to Sir Andrew Slanning of Devon, Bar.

[Page 8]

I must acquaint you, Sir, that I have made it my Business, but could not prevail, to get a Relation from her of what she her self remembers of those several strange Passages of her Life that I here relate, or of any other that I have either forgot, or that never came to my Cognizance: but she being prevail'd with by some of her poor ignorant Neighbours not to do it, and she fancying that if she should do it, she might again fall into Trouble about it; I here give your Lordship the best and faithfullest Account I can.

In the Year 1691. I wrote into Cornwall to my Sister Mary Martyn's Son, an Attorney, to go to the said Ann, and discourse her as from me, about the most material strange Passages of her Life: He answers my Letter, Sept. 13, 1691. and saith, ‘I have been with Ann Jefferies, and she can give me no particular Account of her Condition, it being so long since: my Grandfather and Mother say, that she was in Bodmyn Goal three Months, and lived six Months without Meat; and during her Continuance in that Condition, several eminent Cures were performed by her, the Particulars no one can now relate. My Mother saw the Fairies once, and heard one say, that they should give some Meat to the Child, that she might return to her Parents: Which is the fullest Relation can now be given.’

But I not being satisfied with this Answer, did, in the Year 1693. write into Cornwall to [Page 9] my Sister's Husband, (Mr. Humph. Martyn) and desired him to go to Ann Jefferies to see if he could perswade her to give me what Account she could remember of the many and strange Passages of her Life. He answers my Letter, Jan. 31, 1693. and saith, ‘As for Ann Jefferies, I have been with her the greatest part of one day, and did read to her all that you wrote to me, but she would not own any thing of it as concerning the Fairies, neither of any of the Cures she then did. I endeavoured to perswade her she might receive some Benefit by it: She answered; That if her own Father were now alive, she would not discover to him those things that did then happen to her. I ask'd her the Reason why she would not do it: She reply'd, That if she should discover it to you, that you would make either Books or Ballads of it: And she said, That she would not have her Name spread about the Country in Books or Ballads of such things, if she might have five hundred Pounds for the doing of it: for she said, she had been questioned before Justices, and at the Sessions, and in Prison, and also before the Judges at the Assizes; and she doth believe, that if she should discover such things now, she should be questioned again for it. As for the antient Inhabitants of St. Teath Church Town, there are non of them now alive but Thomas Christopher a blind Man,’ (Note, this Tho. Christopher was then a Servant in my Father's House when these things happened) ‘and he remembers many of the Passages you wrote of her. And as for my Wife, [Page 10] she then being so little, did not mind it; but has heard her Father and Mother relate most of the Passages you wrote of her.’

This is all I can at present possibly get from her, and therefore I now go on with my own Relation of the wonderful Cures, and other strange things she did, or hapned to her, which is the Substance of what I wrote to my Brother, and that he read to her.

It's the Custom in our County of Cornwall, for the most substantial People of each Parish to take Apprentices the Poor's Children, and to breed them up till they attain to 21 Years of Age, and for their Service to give them Meat, Drink and Clothes. This Ann Jefferies being a poor Man's Child of the Parish, by Providence fell into our Family, where she lived several Years, being a Girl of a bold daring Spirit: She would venture at those Difficulties and Dangers that no Boy would attempt.

In the Year 1645, (she then being nineteen Years old) she being one day knitting in an Arbour in our Garden, there came over the Garden-hedg to her (as she affirmed) six Persons of a small Stature, all clothed in green, which she call'd Fairies: upon which she was so frighted, that she fell into a kind of a Convulsion-fit: But when we found her in this Condition, we brought her [Page 11] into the House, and put her to bed, and took great Care of her. As soon as she recovered out of her Fit, she cries out, ‘They are just gone out of the Window; they are just gone out of the Window; do you not see them’? And thus in the height of her Sickness she would often cry out, and that with Eagerness; which Expressions we attributed to her Distemper, supposing her light-headed. During the Extremity of her Sickness my Father's Mother died, which was in April, 1646. but we durst not acquaint our Maid Ann with it, for fear it might have increas'd her Distemper, she being at that time so very sick that she could not go, nor so much as stand on her Feet; and also the Extremity of her Sickness, and the long Continuance of her Distemper, had almost perfectly mop'd her, so that she became even as a Changeling: and as soon as she began to recover, and to get a little Strength, she in her going would spread her Legs as wide as she could, and so lay hold with her Hands on Tables, Forms, Chairs, Stools, &c. till she had learn'd to go again: and if any thing vex'd her, she would fall into her Fits, and continue in them a long time; so that we were afraid she would have died in one of them. As soon as she had got out of her Fit, she would heartily call upon God: and then the first Person she would ask for was my self, and would not be satisfied till I came to her. Upon which she would ask [Page 12] me, if any one had vex'd or abus'd me since she fell into her Fit. Upon my telling her, no one had, she would stroke me, and kiss me, calling me her dear Child; and then all her Vexation was over.

As soon as she recovered a little Strength, she constantly went to Church to pay her Devotions to our great and good God, and to hear his Word read and preached. Her Memory was so well restored to her, that she would repeat more of the Sermons she heard than any other of our Family. She took mighty Delight in Devotion, and in hearing the Word of God read and preach'd, altho she her self could not read.

The first manual Operation or Cure she perform'd, was on my own Mother; the Occasion was as follows: One Afternoon, in the Harvest-time, all our Family being in the Fields at work, (and my self a Boy at School) there was none in the House but my Mother and this Ann: my Mother considering that Bread might be wanting for the Labourers, if Care were not taken; and she having before caus'd some Bushels of Wheat to be sent to the Mill, my Mother was resolved that she her self would take a Walk to the Mill, (which was but a quarter of a Mile from our House) to hasten the Miller to bring home the Meal, that so her Maids, as [Page 13] soon as they came from the Fields, might make and bake the Bread; but in the mean time how to dispose of her Maid Ann, was her great Care, for she did not dare trust her in the House alone, for fear she might do her self some Mischief by Fire, or set the House on fire (for at that time she was so weak that she could hardly help her self, and very silly withal): At last by much Perswasions my Mother prevail'd with her to walk in the Gardens and Orchards till she came from the Mill; to which she unwillingly consented. Then my Mother lock'd the Doors of the House, and walk'd to the Mill; but as she was coming home in a very plain way, she slipt and hurt her Leg, so as that she could not rise, there she lay a considerable time in great Pain, till a Neighbour coming by on Horseback, seeing my Mother in this Condition, lifted her up on his Horse, and carried her home. As soon as she was brought within the Doors of the House, word of it was sent into the Fields to the Reapers, who thereupon immediately left their Harvestwork, and came home; the House being presently full of People: a Man-servant was ordered to take a Horse and ride for Mr. Lob, and eminent Chyrurgeon, that then liv'd at a Market-Town call'd Bodmyn, which was eight Miles from my Father's House: but whilst the Man was getting the Horse ready, in comes our Maid Ann, and tells my Mother [Page 14] she was heartily sorry for the Mischance she had got in hurting of her Leg, and that she did it at such a Place (naming the Place); and further, she desir'd she might see her Leg: My Mother at first refused to shew her her Leg, saying to her, what should she shew her Leg to so poor and silly a Creature as she was? for she could do her no good: but Ann being very importunate with my Mother to see her Leg, and my Mother being unwilling to vex her by denying her, for fear of her falling into her Fits, (for at all times we dealt gently, lovingly, and kindly with her, taking great Care by no means to cross or fret her) did yield to her Request, and did shew her, her Leg: Upon which Ann took my Mother's Leg on her Lap, and strok'd it with her Hand, and then ask'd my Mother if she did not find Ease by her stroking of it? My Mother confess'd to her she did. Upon this she desired my Mother to forbear sending for the Chyrurgeon, for she would, by the Blessing of God, cure her Leg: and to satisfy my Mother of the Truth of it, she again appeal'd to my Mother, whether she did not find farther Ease upon her continued stroking of the Part affected; which my Mother again acknowledged she did. Upon this my Mother countermanded the Messenger for the Chyrurgeon.

On this my Mother demanded of her how she came to the Knowledg of her Fall. She [Page 15] made answer, that half a dozen Persons told her of it. That, reply'd my Mother, could not be, for there was none came by at that time, but my Neighbour .... that brought me home. Ann answers again, that that was Truth, and it was also true, that half a dozen Persons told her so; for said she, ‘you know I went out of the House into the Gardens and Orchards very unwillingly. And now I will tell you the Truth of all Matters and Things that have befallen me’.

‘You know that this my Sickness and Fits came very suddenly upon me, which brought me very low and weak, and have made me very simple. Now the Cause of my Sickness was this.’

‘I was one day knitting of Stockings in the Arbour in the Garden, and there came over the Garden-hedg of a sudden six small People, all in green Clothes, which put me into such a Fright that was the Cause of this my great Sickness; and they continue their Appearance to me, never less than 2 at a time, nor never more than 8: they always appear in even Numbers, 2, 4, 6, 8. When I said often in my Sickness, They were just gone out of the Window, it was really so; altho you thought me light-headed. At this time when I came out into the Garden, they came to me, and ask'd me, if you had put me out of the House against my Will: I told them I was unwilling to come out of the House: Upon this they said, you should not fare the [Page 16] better for it; and thereupon in that Place, and at that time, in a fair Path-way you fell, and hurt your Leg. I would not have you send for a Chyrurgeon, nor trouble you self, for I will cure your Leg’: The which she did in a little time.

This Cure of my Mother's Leg, and the Stories she told of these Fairies, made such a Noise over all the County of Cornwall, as that it had the same Effect St. Paul's healing of Publius's Father of a Fever and a bloody Flux, at Malta, after his Shipwrack there, as related Acts 28.8, 9. ‘And it came to pass that the Father of Publius lay sick of a Fever, and of a bloody Flux: to whom Paul entred in and prayed, and laid his Hands on him, and healed him. So when this was done, others also which had Diseases in the Island, came, and were healed.’ That People of all Distempers, Sicknesses, Sores, and Ages, came not only so far off as the Lands-end, but also from London, and were cured by her. She took no Monies of them, nor any Reward that ever I knew or heard of; yet had she Monies at all times sufficient to supply her Wants. She neither made nor bought any Medicines or Salves that ever I saw or heard of, yet wanted them not as she had Occasion. She forsook eating our Victuals, and was fed by these Fairies from that Harvest-time to the next Christmas-day; upon which Day she came to our Table, and said, because [Page 17] was that Day she would eat some Roast Beef with us, the which she did, I my self being then at Table.

One time (I remember it perfectly well) I had a mind to speak with her, and not knowing better where to find her than in her Chamber, I went thither, and fell a knocking very earnestly at her Chamberdoor with my Foot, and calling to her earnestly, ‘Ann, Ann, open the Door, and let me in’: She answered me, ‘Have a little Patience, and I will let you in immediately’. Upon which I look'd through the Key-hole of the Door, and I saw her eating; and when she had done eating, she stood still by her Bed-side as long as Thanks to God might be given, and then she made a Coursey, (or Bow) and opened the Chamber-door, and gave me a Piece of her Bread, which I did eat, and I think it was the most delicious Bread that ever I did eat either before or since.

Another odd Passage which I must relate, was this; One Lord's day my Father with his Family being at Dinner in our Hall, comes in one of our Neighbours, whose Name was Francis Heathman, and ask'd where Ann was; we told him she was in her Chamber: Upon this he goes into her Chamber to see for her; and not seeing her, he calls her: She not answering, he feels up and down in the Chamber for her; but not finding her, comes and tells us she was not in her Chamber. As soon [Page 18] as he had said this, she comes out of her Chamber to us, as we were sitting at Table, and tells him, she was in her Chamber, and saw him, and heard him call her, and see him feel up and down the Chamber for her, and had almost felt her, but he could not see her altho she saw him, notwithstanding she was at the same time at the Table in her Chamber eating her Dinner.

One Day these Fairies gave my Sister Mary, (the now Wife of Mr. Humph. Martyn) then about four Years of Age, a Silver Cup that held about a Quart, bidding her give it my Mother, and she did bring it my Mother; but my Mother would not accept of it, but bid her carry it to them again, which she did. I presume this was the time my Sister owns she saw the Fairies. I confess to your Lordship, I never did see them. I had almost forgot to tell your Lordship, that Ann would tell what People would come to her several Days before they came, and from whence, and at what time they would come.

I have seen Ann in the Orchard dancing among the Trees; and she told me, she was then dancing with the Fairies.

The great Noise of the many strange Cures Ann did, and also her living without eating our Victuals, (she being fed, as she said, by these Fairies) caus'd both the Neighbour-Magistrates and Ministers to resort to my Father's [Page 19] House, and talk with her, and strictly examined her about the Matters here related; and she gave them very rational Answers to all those Questions they then ask'd her, (for by this time she was well recovered out of her Sickness and Fits, and her natural Parts and Understanding much improv'd) my Father and all his Family affirming the Truth of all we saw. The Ministers endeavoured to perswade her they were evil Spirits that resorted to her, and that it was the Delusion of the Devil, (but how could that be, when she did no Hurt, but Good to all that came to her for Cure of their Distempers?) and advised her not to go to them when they call'd her. Upon these Admonitions of the Ministers and Magistrates, our Ann was not a little troubled and concerned, not well knowing what to do in this case. However, that Night after the Magistrates and Ministers were gone, my Father with his Family sitting at a great Fire in his Hall, Ann being also present, she spake to my Father, and faith, ‘Now they call’ (meaning the Fairies:) We all of us urg'd her not to go. In less than half a quarter of an Hour she saith, ‘Now they call a second time’. We incouraged her again not to go to them. By and by she saith, ‘Now they call a third time’; Upon which away to her Chamber she went to them (of all these three Calls of the Fairies, none heard them but Ann.) After she had been in her Chamber some time, she [Page 20] came to us again with a Bible in her hand, and tells us, that when she came to the Fairies, they said to her, What, has there been some Magistrates and Ministers with you, and disswaded you from coming any more to us, saying we are evil Spirits, and that it was all the Delusion of the Devil? Pray desire them to read that Place of Scripture in the 1st Epistle of St. John, chap. 4. ver. 1. ‘Dearly Beloved, believe not every Spirit, but try the Spirits, whether they are of God’, &c. This Place of Scripture was turn'd down to in the said Bible. (I told your Lordship before, Ann could not read.)

After this one John Tregeagle Esq; (who was Steward to the late John Earl of Radnor) being then a Justice of Peace in Cornwall, sent his Warrant for Ann, and sent her to Bodmin Goal, and there kept her a long time. That Day the Constable came to execute his Warrant, Ann milking the Cows, the Fairies appeared to her, and told her, that a Constable would come that Day with a Warrant for to carry her before a Justice of Peace, and she would be sent to Goal. She ask'd them if she should hide her self: they answered her, No, she should fear nothing but go with the Constable. So she went with the Constable to the Justice, and he sent her to Bodmin-Goal, and ordered the PrisonKeeper that she should be kept without Victuals; and she was so kept; and yet she liv'd, [Page 21] and that without complaining. When the Sessions came, the Justices of the Peace sent their Warrant to one Giles Bawden, a Neighbour of ours, who was then Constable, for my Mother and my self to appear before them at that Sessions, to answer such Questions as should be demanded of us about our poor Maid Ann (Bodmin was 8 Miles from my Father's). When we came to the Sessions, the first that was call'd in before the Justices was my Mother, (what Questions they ask'd her, I do not remember:) When they had done examining her, they desired her to withdraw. As soon as she came forth, I was brought in, and call'd to the upper end of the Table to be examined; and there was (I suppose him to be) the Clerk of the Peace with his Pen ready in his Hand to take my Examination (I do not remember that they did put me to my Oath). The first Question they ask'd me was, ‘What have you got in your Pockets’? I answered, ‘Nothing, Sir, but my Cuffs’, which I immediately pluck'd out of my Pocket, and shewed them. Their second Question to me was, If I had any Victuals in my Pocket for my Maid Ann? I answered, I had not: and so they dismiss'd me as well as my Mother. But poor Ann lay in Goal for a considerable time after; and also Justice Tregeagle, who was her great Persecutor, kept her in his House some time as a Prisoner, and that without Victuals. And at last when Ann was discharged out of Prison, [Page 22] the Justices made an Order that Ann should not live any more with my Father. Whereupon my Father's only Sister, Mrs. Francis Tom, a Widow, near Padstow, took Ann into her Family, and there she liv'd a considerable time, and did many great Cures: but what they were, my Kinsman Mr. Will. Tom, who then liv'd in the House with his Mother, can give your Lordship the best Account of any that I know living, except Ann her self. And from thence she went to live with her own Brother; and in process of time married as aforesaid.

And now, my Lord, if your Lordship expects that I should give you an Account when and upon what occasion these Fairies forsook our Ann, I must tell your Lordship, I am ignorant in that; she her self can best tell, if she could be prevailed with so to do: and the History of it, and the rest of the Passages of her Life, would be very acceptable and useful to the most curious and inquisitive Part of Mankind.

And now, my Lord, I think good here to put an end to my plain Relation of these very strange Passages of this Ann Jefferies' Life: It's only Matter of Fact which I have here faithfully related; I have not made any Observations nor Reflections upon any one Passage. I leave your Lordship to your own free Thoughts and Judgment. I my self cannot give one natural Reason for any one of these [Page 23] Passages that happened to this poor Woman, but must conclude with that great Apostle and Scholar St. Paul, Rom. 11.33,34,35,36, ‘O the Depths of the Riches both of the Wisdom and Knowledg of God! how unsearchable are his Judgments, and his Ways past finding out! For who hath known the Mind of the Lord, or who hath been his Counseller? Or who hath first given to him, and it shall be recompensed unto him again? For of him, and through him, and to him, are all things: to whom be Glory for ever. Amen.’

I am
Your Lordship's most Humble
and Dutiful Servant,
MOSES PITT.

May 1.
1696.

Reasons against restraining the Press.

IF any Restraint is to be put on the Press, it must be either on a Religious or Civil Account.

All that can be pleaded for it on the score of Religion, is, that 'tis necessary to prevent men as being led into error; and as a consequence of that, nothing is to be printed that may tempt 'em to question the Truth of any Part of Point of the Establish'd Religion.

In order to answer this, I must beg leave to observe, that nothing is more certain than that God does not require of men Impossibilities, as a means to obtain their future happiness; and consequently all he desires of them, is to use their rational Faculties after the best manner they can, for the discovery of his Will. He therefore that does this, tho never so much mistaken, is as acceptable to God, who is no Respecter of Persons, as he that's not mistaken, since he has done all God requires of him, and the other could do no more.

To affirm his Mistakes are sinful, is to make God the Author of Sin, in so framing his Understanding, that after he had done all he could to avoid Error, he necessarily fell into it. And if it be the height of Impiety to condemn one of Sin or obeying God's [Page 4] Commands in impartially examining, it can be no less impious to affirm the Opinion unavoidably caused by so doing to be a Sin.

How happy would men be, if, notwithstanding their difference of Opinion, they would allow on all sides, that Impartiality and Sincerity were sufficient to recommend 'em to God, and by consequence to one another? Going a step further than this, justifies the severest method of the Inquisistion: for if Men can be guilty of Impiety, Blasphemy, and other damnable Opinions, tho on the strictest examination they judg them agreeable to the Will of God; and if it be the Duty of those that are in Power in every Nation to prevent this, they are bound to restrain not only the liberty of Printing, but of Preaching; and to use the severest methods they can, to hinder the spreading of whatever they apprehend to be such Opinions. But

If God will judg Men as they are accountable, that is, rational Creatures; their Reward, whether they hit or miss of Truth, will be in an exact proportion to the use they make of their Reason: and consequently no Opinion can be a Sin, but for want of an impartial Examination; and according as that has been more or less omitted, so one is more or less accountable.

If this, how paradoxical soever at first sight it may appear to some, is upon examination demonstratively true; What can be more unreasonable, than on pretence of preventing the growth of dangerous Errors, to restrain the Press, and thereby hinder Men from seeing, and consequently from examining the Reasons that make against the Establish'd Religion? when without an impartial examination, let our Re [Page 5] ligion be never so true, we hold it guiltily, and with it, tho never so false, innocently. But,

What can be more inconsistent with this grand Duty of Examination, than a Restraint on the Press, since there can be no other Cause assigned why 'tis unlawful to publish Arguments against the State Religion, but because 'tis unlawful to read them, that being the sole reason of forbidding the publishing of them? And if it be once supposed unlawful to read, it must be as unlawful to hear or think on any thing, that inclines one to question the Truth of any Part of Point of the National Religion: and consequently it makes it every ones Duty in all Countries whatever, to profess that without the least Examination. But

If one has no reason to expect a Heaven, who will not be at the pains to examine what 'tis God requires of him, in order to his coming there; what a condition must he be in, who not only neglects this himself, but labours to obtain a Law to make all others do the same?

The examining the Reasons on all sides (for prevention of which the Press is to be restrain'd) not only makes the Mistaken acceptable to God, but is the only Method that can be taken to prevent Mistakes; for which end God has commanded every one to judg of himself, to try the Spirits, to prove all things, &c. And therefore those Divines that are for Mens trying nothing, or knowing nothing, but what pleases the Licens'd Guides in every Country, give God himself the Lie, after the worst manner that can be. And

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The more People are subject to mistake, the less Reason there is to rely on any one side, but with Care and Diligence to examine the Reasons of all, and consequently the Press ought to be open to all. And when a Discourse is printed, Men by viewing and reviewing it, may form a better Judgment, than when 'tis only spoken.

In answer to this, 'tis said, and alike said every where, that Men may have an impartial Information from the Clergy of the Establish'd Church. But

Are not they under a greater Restraint than others, being oblig'd to profess those Opinions to which their Preferments are annex'd, or else to starve? so that in this case, 'tis not the Man, but the Bishoprick, the Deanery, the Prebend, the Rectory that preaches and prints nemine contradicente , Popery in one place, Lutheranism in another, Calvinism in a third; and they possibly may think it but fair to Maintain such Opinions as Maintain them; tho to speak the Truth, the Opinions generally Maintain the Priests, better than the Priests Maintain the Opinions. Are men, so bound and shackl'd, likely to give a fair Representation of what can be said against 'em, when the only Cause they can alledg for restraining the Press, is to hinder People from knowing it? Do not the Blind lead the Blind, when the Guides on which others are wholly to depend, are not trusted to guide themselves?

In a word, all other Methods but this of examining, will equally serve to promote any Religion, tho never so false, and consequently cannot be the way to distinguish the true from the many false ones; but are the pious Frauds and holy Cheats, of not [Page 7] very pious and very holy Men, to keep the People in a blind Obedience.

As this method is the only way to discover Truth, so 'tis this that makes it most effectual: where Men without Examination entertain a Religion, it will have but little Influence on their Practice. That does not convince the Understanding, can have but a small effect on the Will: And as far as the Reasonableness of an Opinion is seen, so far only can it operate on a rational Creature; and the more Examination renders it so, the more force it will have on the Affections, which are not mov'd without some sensible Connexion between the Cause and the Effect. For this reasons thinking Men, Truth being endear'd to them as the discovery of their own Industry, are for the most part very conscientious; while those that owe their Religion to the chance of Education, have generally no more regard to it, than if they ow'd it to the Chance of a Die. If then the Freedom of the Press contributes not only to endear Truth when discovered, but to the discovery of it; and if that fails, to make even Error it self innocent, all the Arguments on the account of Religion do most religiously contend for its entire Liberty. To which let me add, that

The Noble Art of Printing, that by Divine Providence was discovered to free men from the Tyranny of the Clergy they then groaned under, and without which the Protestant Religion must have prov'd abortive, ought not to be made a means to reduce us again under Sacerdotal Slavery. And

If our Ancestors could not secure themselves from more than Egyptian Bondage, which the Pulpits [Page 8] brought on them, without the assistance of the Press: What hopes have we to defend our selves against both, when by the means of the latter, the Clergy have much greater opportunities, as well as Abilities, to accomplish their Designs?

The Restraint of the Press is consistent enough with Popery; but for Protestants to attempt it, is striking at the Foundation of their Religion, which is built on the natural Right every one has of judging for himself in matters of Religion. But what can savour more of a blind Popish Compliance, than so entirely to give up the Conduct of Religion to a few Licensing Preists, as that nothing shall be published but what they think fit? The Learned Dr. Clagget saith, (and after the same manner do all our Clergy write when they have to do with the Papists) "^* ‘They that have a good Cause, will not fright Men from considering what their Adversaries say by their Books, but rather encourage them so to do, that they may see the difference between Truth and Error, Reason and Falshood, with their own Eyes. This is the effect of a well-grounded confidence in Truth, and there's the sign of a good Cause apparently discernable, in the Application of the Clergy of the Church of England, both to their Friends and Enemies. They desire the one and t'other to consider impartially what is said for us, as well as against us; and whensoever Guides of a party do otherwise, they give just Cause to examine their Doctrines more carefully, by how much they are unwilling to have them examined. 'Tis a bad sign, when Men are loth to have their Opinions seen in the day, but love Darkness more than Light.’

Every one thinks he has a natural Right in all matters of Learning and Knowledg, except what relates to Religion and Government, to see what can be said on all sides, in order to form his Judgment aright; and there can be no reasons why these should be excepted, since to have a right Understanding in them, is what is most worthy a rational Being.

The more useful any Science is to Mankind, the greater will its Abuses be: Divinity, Law, Physick, are sad Instances of this. But how can these Abuses be discovered, if the Press be in their Hands that gain by them? What can be more useful than history, especially of ones own Country? and can we expect a true Information, when only one side is to print? And there are few Persons, especially at a distance from London, but would think it a hardship to be deprived even of such Trifles as the common News Papers, which would not be allowed under a Restraint of the Press. Nay, we could not then hope for an impartial account even in natural things, since an evident Truth in Philosophy has been thought a monstrous Error in Divinity; and a rational Discourse on any subject may be hindred from being printed, lest, as the late Bishop of Wr said of the most rational that ever was writ ^*, it might be applied to other uses than what the Author designed.

Nothing can more discourage men of Abilities from writing, than to subject their Discourse to the [Page 10] mercy of an Ignorant, or at least an Unleisured Licenser: such a hardship on the Commonwealth of Learning, will be apt to make an Imprimatur signify no more, than that the Book is foolish enough to be printed.

As the People retain a right to offer their Advice to their Representatives, so there cannot but happen several things, wherein they may receive satisfaction from what is published by those without doors (as happened in the case of the Standing Army, and several other matters) which may in a great measure be hindred, by the Licensers of the press being influenced by those, who have an Interest to stifle Truth.

In a word, as many things as are worth understanding aright, so many Arguments are there for the liberty of the Press; tho the only reason that is pleaded for its restraint upon a Civil Account, is to prevent false Representations of Peoples Designs and Actions, especially of such as are dignified with a publick Character. But

Tho this may be done by speaking, who ever thought it reasonable, that all but one Party of Men should have a Padlock on their Lips? And yet this is all that's meant by a restraint of the press, since what is to be printed, is left to the arbitrary Will of men of this or that Party. And there can be no manner of reason, why writing and talking should not be on the same foot, since what's contrary to Law is in both Cases equally punishable; and a restraint of the Press cannot hinder Books from coming out by stealth.

What can be more unconscionable, considering how the Nation is divided, than to have all but one Party [Page 11] restrain'd from writing in their own defence, whilst that is at liberty to use them as barbarously as they please? With what unchristian Temper and inhumane Insolence will Partymen treat those they are comply'd to write against? and what Misrepresentions, Lies and Calumnies will they not then be guilty of? 'Tis the danger of being detected and expos'd, that makes Men write with more Temper, as well as more regard to Truth.

If the Honourable House of Commons have upon a solemn Debate, thought fit to publish their Proceedings to prevent being misrepresented, why should they deny those they Represent the same Liberty? And when both Houses have thought it necessary to print, (and one may venture to add, that neither House, without this Liberty, would have thought their Reputations safe) it cannot be presume'd that either House will be putting such a Hardship on the Nation.

As Honour and Reputation secure their Votaries from committing ill and base Actions, so they incite them to all good ones; but if the Press be in the Hands of designing People, it may have a quite different effect, and be wholly employed to traduce, as it was in former Reigns, the best Men both in Church and State. And

It will be a great encouragement for Men above the ordinary reach of the Law, to crush those beneath them, when the Press shall speak only in their favour, and the injur'd are depriv'd of the last satisfaction that opprest Vertue has, of appealing to the People, and justifying their Innocence to the World. And therefore I cannot see how one, that has any value for his Reputation, will be content to run the ha [Page 21[12]] zard of having it put out of his power, to justify himself as publickly as he is injur'd. Whether what is said of Truth, that none is against Truth but where that is first against them, may be applied to the Press, I will not determine; but those whose Actions cannot bear examination, will, no doubt, be glad of its restraint, and possibly may add Iniquity to Iniquity, by pretending they desire it out of Affection to the Government, or Zeal to the Church.

The restraining the Press may not be so much for the Interest of any Party, as some fondly imagine; because their being for it, will be apt to make men believe the very worst things their Enemies say to be true; and that 'tis the fear of having their pernicious Designs discovered, which makes them take a Method, that till now they themselves oppos'd, and which in former Reigns was made use of to advance Slavery and Popery. But

If this be of no weight, let it be consider'd, that the Press, Jackanapes like (as a Scots Gentleman said of their King) may be made to bite whomsoever they, in whose Custody it chances to be, think fit; and a restraining Law no sooner made, but the Scene of Affairs may so alter, that the Party which promoted it, may be scourg'd with Rods of their own providing, and be themselves debarr'd of that Liberty they design'd to exclude others from. And possibly some may be glad of such a Bill, the better to deprive them of those advantages, which without it they would not think prudent to attempt. But tho this might not be the consequence at present, who can be sure in what Hands the Press hereafter may be plac'd?

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As the chief Happiness as well as Dignity of rational Creatures, consists in having the liberty of thinking on what Subject they please, and of as freely communicating their Thoughts: so all good Governments that have allow'd this Freedom, were so far from suffering by it, that it wonderfully endear'd them to their People. And no Ministry can be hurt by the liberty of the Press, since they have a number of Dependents, ready upon all occasions to write in justification of their Conduct; nay, to gold over the worst of their Actions, and give a fair Colour to their most pernicious Designs; and at the same time so to misrepresent the true Patriots of their Country, that the People, their real Friends, being deprived of the liberty of publickly justifying themselves, may mistake them for their Enemies, and caress those that are truly so.

The liberty of the Press must keep a Ministry within some tolerable Bounds, by exposing their ill Designs to the People, with whom if they once lose their Credit, they will be very unfit Tools for a Court to work with. But

The Arts of State in most Places being to enslave, or keep the People in Slavery, it became a Crime to talk, much more to write about State-Matters. And the Press in most Countries of Europe speaking nothing but Court-Language; the People, who till the Invention of Printing had tolerably well preserved their Liberty, were by degrees gull'd and cheated out of those inestimable Blessings. And there's nothing, either with respect to Religion or Politicks, so destructive to Mankind, but may be made, where the [Page 14] Pulpit and Press conspire together, to pass for Divine Truths.

The slavish Condition the greatest part of Mankind in all Ages have been in, shews how much they have been wanting to themselves in not taking alarm soon enough at the Chains that were preparing for 'em. And as there are few, very few Instances of Peoples having perceived the intended Slavery, soon enough to prevent it; so there are fewer Instances of their having taken Arms, but upon very just Occasion.

In a word, as there's no Freedom either Civil or Ecclesiastical, but there the liberty of the Press is maintain'd; so wherever that is secur'd, all others are safe. That like a faithful Centinel prevents all surprize, and gives timely warning of any approaching Danger. And therefore 'tis to be hop'd, that the Trustees of the Peoples Liberties will preserve its Freedom entire; for if its sacred Liberty is but once affected, tho by never so gentle a Law, 'tis to be feared that this will be used as an Argument to restrain it as much as ever; for then 'twill be easy to engraft a new Law, on pretence that the old did not answer the end, as we see 'twas urged in the Case of the Conformity Bill.

As to the obliging Authors to set their Names to their Works, that can only serve to hinder the publishing the most useful Books, viz. those designed to rectify Abuses. Besides, this prejudices Peoples for or against a Book, and serves as a Handle for fulsom Flatteries, or gross Abuses; and we have too frequent Instances of mens thinking to atone; for not answering the Arguments, by railing at the Authors. And [Page 15] therefore those Writers, such as the Author of the Whole Duty of Man, &c. that design the utmost good, have industriously concealed their Names.

FINIS.

A FULL CONFUTATION OF Witchcraft, &c.

SIR,

THO' the Province you have assign'd me is the last I should have undertaken, by my own Consent, yet a Request from you, carrying the Force of an absolute Command along with it, I have ventur'd to give you my hasty Thoughts upon a Subject which otherwise should have pass'd amongst the rest of the pious Frauds that have plagu'd and distracted Mankind.

I am fully aware to what hazards a Man of a Publick Character, exposes his Reputation to, in talking freely, [Page 4] much more in writing on such a Topick, especially in the Country, where to make the least Doubt, is a Badge of Infidelity; and not to be superstitious, passes for a dull Neutrality in Religion, if not a direct Atheism. And here, Sir, I cannot but envy one Privilege you enjoy in Town, which is, a Freedom of Thought and Talk, whilst we are very often reduc'd to the Necessity of swallowing the greatest Improbabilities, without the least Change of Countenance, for fear of offending any Bigot of Figure. To offer any Reason in Bar of their Perswasion, would be call'd an Attempt upon their Judgments; so that in all popular Errors, if we discover the least Incredulity, we run the Risque of being taken for Men of no Religion; or if we pretend to be implicit Believers, we play the Hypocrite with our Reason and Conscience. But as to my own part, who never yet came under the slavish Ties of popular Compliances, or ever suffer'd my Judgment to mingle with the Crowd, am not very tender of contradicting any Opinion, how powerfully soever supported, where I see any tendency in it towards enslaving Mankind, [Page 5] or establishing Error on the Foot of Pride and Superstition. I am glad so judicious and penetrating a Judge went the Circuit, who could not be impos'd upon by the stale Artifice of Exorcisms, or suffer his Faith to bend to an enchanted Feather. His rational Distrust of so many Improbabilities, I hope, will be a lasting precedent to others in that venerable Station; so that hereafter we may not have that Waste of Humane Blood in every Village, upon the wild Testimonies of a parcel of Brain-sick People, who often stand in need of Dieting and Shaving themselves.

What I have to say upon this Head being to be compriz'd within the Compass of a Letter, I shall not enter upon a long Dissertation of the distinct Species of Evil Spirits, or the Difference the Learned make between them; but directly fall upon examining the Absurdity and Inconsistency of the late Depositions against Jane Wenham. 2dly, Shew that all our Proofs of Witchcraft, are very fallacious, and consequently ought never to extend to Life. And in the last place, That the pretended Exorcisms practised on Anne [Page 6] Thorn, are meer spiritual Juggles, and the very Spirit of Priest-craft.

Of all the ridiculous Stories that have been vamp'd up to seduce and impose upon the credulous Part of Mankind, I never yet met with any one usher'd in with such a Farce, as that of Mathew Gliston's being sent upon a Fool's Errand to fetch Straw from a Dunghil, leap three Miles, without having any further Violence offered to him. This was a sportive sort of Witch-craft; and Jane Wenham's Familiar at that time, was a merry Droll, he must be rank'd amongst that Species of Demons, of which they say there are but thirty Thousand who divert themselves with wild Pranks here upon Earth, and sometimes are said to do agreeable Services to Mankind. But setting this aside, how natural is it to conjecture, that this Fellow, in order to ingratiate himself with his Master, and knowing the Spleen he bore Jane Wenham, to contrive this foolish Capricio of his own, which, how ridiculous and unaccountable soever it may sound, still makes it more the ignorant Fellow's own Invention, and could not fail of being digested by all Degrees of People, after they had proclaim'd [Page 7] her a Witch for some Years? But can any Man in his serious Thoughts believe a Spirit to be an Actor in so comical a Part as is here represented? Can it enter any Man's Heart to conceive, that any Familiar, or Demon, would engage in such Trifles, to come and play idle insignificant Pranks, enter a humane Body, force it against its Will to such a place, and cui Bono , why truly, for a pennyworth of Straw, and to bring it home in his Shirt. These are such crude, indigested Stories, as would scarce pass upon the poor ignorant Lap-landers.

This was only design'd, I presume, as a merry Prologue, to make the Auditors laugh, till the Curtain was drawn, and the Scene open'd, where the rest of the Entertainment is equally diverting. Jane Wenham is affronted for being call'd Witch by Chapman, Mr. Gardiner the Parson is made Referree of the Difference, assigns her but a Shilling Damage; which she resenting, said, she would have Justice somewhere else, if she could not have it there. Though there was nothing harsh in that Expression of Jane Wenham's, but what might drop from any Person either con [Page 8] scious to herself, or not conscious of the Crime she was accused, considering the Provocation was so great in the Eye of the World, and the Damage assign'd her was so small; yet upon an Accident falling out in Mr. Gardiner's Family, this Expression of hers is wrested to a Threatning of some dreadful Revenge upon the Parson's House. But here a modest Query may arise: Why did not the Blow fall directly upon the Parson, who had injur'd her, or transferr'd to so remote a Branch of his regard as that of a Servant? That Question, upon second Thoughts, may be too free: What! Thunder-strike Oaks? What! a Clergy-man lie exposed to the Fury of the Devil? No, no, they are all of the holy Seed, and cannot be reach'd by any infernal power: So the Man of God being impregnable, the poor Maid, who is describ'd equally as innocent, is left to stand the Shock. And really the first prank is very extrarordinary: Anne Thorn finding a Roaming in her Head, and thinking on Jane Wenham, is with her lame Knee, all on a sudden, transported against her Will, half a Mile, climbs over a Five-Bar-gate to [Page 9] gather some Sticks, meets an Old Woman, who gives her a crooked Pin to pin up the Sticks in her Apron and Gown, and so she returns, and Mrs. Gardiner finds her stripp'd upon her Return. A strange and wonderful Account, and all done in the space of seven Minutes, which would take upon seven Years to make good Proof of. Now the genuine Account of the Matter seems to lie thus: Anne Thorn sitting by the Kitchin Fire musing, and her Spirits being under a growing Disorder, as we may rationally suppose they were, by the Sequel: Such an irregular motion as stripping her self, might strike upon her Fancy, and she be prompted to take off her Gown, and gather up a few Oaken Twigs, which lie generally loose about a Kitchin hearth, and make them up in a Bundle: That being seiz'd with an Epileptick Fit, as the Symptom of finding a Roaming in her Head (by which, no doubt, she meant a Giddiness or Vertigo) plainly indicates, Jane Wenham, who was in her Thoughts just at her going into the Fit, might very probably beat strongly upon her Imagination, during that Paroxism; and that Mrs. Gardiner coming in at the [Page 10] Close of the Fit, and finding her in that disorder'd Posture, Anne Thorn related to her what was so warm upon her Fancy. This is natural to suppose, without stretching of Reason, or common Sense. But here was a very good Handle for a Story against the suspected Jane Wenham; and when they were furnish'd with such Materials from the poor Delirant, they might as well make a Wild-Goose Chase of it, as let the Scene be confin'd to so narrow a Compass as the Chimney-Corner. Evidence in such a Case could not be long a procuring; no doubt, the whole Parish, after a Prepossession of Jane Wenham's being a Witch for many Years, could not fail of believing any Thing against her, even in Opposition to their Senses. Accordingly two of John Chapman's Men are pitch'd upon as Witnesses to this Half-Mile-Course of Anne Thorn's; one of which, I presume, was the Fellow that was sent to pick Straws three Miles, and had not worn that Journey out of his Head; and another (as discerning a Spirit as himself) Evidence that perhaps might justly hang a Day for Sheep-biting. This, I say, seems to be a plain and [Page 11] full Account of the first Adventure. But when People come to talk positively, and depose the several Passages as are related by Anne Thorn, upon Oath, they are shocking to every common Ear. In a true Laxation of the Knee, it is impossible to walk, the Bone being out of its proper Socket, rendring the Motion of the Muscles altogether useless. If it was only a violent Extention of the Rotula, something might be allow'd: But it's hard to tell what this was, your Country Bone-Setters seldom plaguing their Heads with Distinctions.

Now here, if I might find room for Belief, I would rather place Anne Thorn amongst the Number of Maniacks, than Demoniacks, for they really bespeak something more than Histerical: Her frequent Ravings, her lucid Intervals, her strong Imagination, her more than ordinary Strength, are Symptoms which agree well enough with Mad People; her frequent Calling out upon Jane Wenham, as the Source of all her Woe, no doubt, was owing to an Idea strongly impress'd upon her Brain, of Jane Wenham's being a Witch, and a mis [Page 12] chievous Person, improved by an heated Imagination, and raised to a pitch of Fury against her by the quick and impetuous Motion of the animal Spirits, and rapid Motion of the Blood.

As to that Objection which lies in my way, of Anne Thorn's appearing very composed, and free from any Disorder of Mind, before she was seiz'd with these Fits. It is answered, That generally before Maniacks, or mad People, fall into their Distemper, there is a great Calm and Slowness of Motion in the Animal Spirits, which occasions a very slow Motion in the Humours about the Bowels, and very often a Stagnation, that disposes them to a particular sort of Putrefaction, whence gradually proceeding some putrid, sharp, and salin Particles that oppress the Animal Spirits, and dull their Motion, till they separate gradually, and mix with the whole Mass of Blood, then at length great Crowds issuing out, do violently stimulate and hurry the Animal Spirits into that Fury and Tempest.

As to her seeing an Old Woman muffled up in a Riding-Hood, and giving her a crooked Pin, and then va [Page 13] nishing, is all ridiculous and fanciful. For in less Indispositions than this poor Maid is reported to labour under, we find People, either thro' a Viciousness of Sight, or by a certain Situation of Objects, they believe they see that which really is not. In nervous Cases, does it not often happen, that by a certain Motion of our Eyes, Objects appear to us otherwise than they seem to us when without this Motion? In short, our Senses are allow'd to be great Deceivers. But I take this Apparition of the Old Woman in a Riding-hood to be the effect of a deprav'd imagination; Fear, Terror, and Rage, had so distracted her Brain, and multiply'd so many monstrous Idea's of Jane Wenham's destructive Power, that Anne Thorn could, in case of need, have, by the Strength of her warm Fancy, transform'd Old Jane into more Shapes and Figures, than she of her Familiar were able to do.

After this, Anne Thorn is represented to us falling into Trembling and Convulsions, and upon her Recovery, impell'd to go and fetch more Sticks, without which she should never be well, and leaping over Five-Bar-Gates in her [Page 6[14]] Passage; and that she was hindred from going any further by Jane Wenham, who stood in the Way to intercept her. Place this Account with the Evidence, as I do the other amongst the Mid-summer-Night's Dreams, and do deny it to be in the Power of any person, the World calls a Witch, or Familiar, to force any Person against their Wills upon such trifling Errands; or to act so upon them, as to make them leap Five-Bar-Gates, &c. As to the First, If it be said that a Demon, Witch, or Spirit, forces any Creature to act in such and such a manner, I demand in the next place, how he forces him? Does he absolutely deprive him of the Liberty of doing what he pleases? How came he by this Power? Has he it from himself, or from some Superior Being? I believe few are so sanguine to affirm, that he has of himself the Power of forcing Men to do whatever he pleases, without their being able to avoid submitting to his Decrees. If it be urg'd, that he holds this Power of the Supreme Being, what Proof can be produc'd of it? Whatever Argument can be form'd to prove this, Can it possibly suit with the Divine [Page 15] Wisdom and Goodness? Is there any Agreement betwixt so immense a Power lodg'd in a wicked and revengeful Spirit, and the Divine Love to Mankind, joined with his Knowledge of their Weakness, and how easily they are captivated and surpriz'd by his Wiles? As to the Second, 'tis no difficult matter to say a Witch's Familiar, Demon, (or what you please, amongst the vast Variety of Names to call them) can do this or that; but this does not convince every thinking Person of his or her preternatural Power. Let's make a familiar Instance: No Spirit acts otherwise than by its own Will, and its Will consists in nothing but a bare Thought. Then I demand, how our own Spirit, that is our Soul, does the least thing to our Bodies, if it be true that this is done by Thought? If it is our Will, our Foot and Hand move, and in such a manner as we would have them. Let us try the same on another Body which is not ours, without the Interposition of our own. Let's try a little only by Thought, to make a Body, or the Resemblance or Shade of any one in any Place whatever here on Earth, or in the Air. Now [Page 16] How then should a Demon or Familiar do this, who has no Body of his own? But setting aside this, perhaps as a little too abstruse, you'll say perhaps, the Supreme Being permits this Demon or Familiar to enter the Body of the Person, and so actuate it as it pleases. What a Chain of Absurdities must we admit of here. Here we must suppose God working a Miracle upon every trifling Occasion, to oblige the evil Spirits; as if Miracles were not too much to grant them, considering how strongly they are bent to do Mankind Mischief; and not only this, but likewise indulge them in several apish, ridiculous Pranks, which they continually abuse, to the Dishonour of the Creator, and the Damage of his innocent Creatures, and to sum up this Inconsistency, all to humour some poor, decripid, silly Old Woman. I pass by a Hurdle of Follies, much of the same Nature, till Jane Wenham is brought to Anne Thorn, who long'd to satiate her self with her Blood: Accordingly Jane Wenham comes to her, and Anne Thorn's Colour and Speech returns, and she scratches Jane Wenham's Forehead, but could fetch [Page 17] no Blood, which occasioned a very sage Remark. Now, who but a pack of Idiots, could have expected a Torrent of Blood, or indeed but a few Drops, from a shrivell'd Old Forehead, which, if squeez'd and collected, would not yeild half an Ounce? and even in its most florid State, is but a dry Muscle, and the Vein a rowling one, not easily to be launch'd by a Finger-Nail.

After this, we find Jane Wenham submitting to be search'd, and willing to undergo all those Trials that never fail of discovering a Witch, according to the Country Probations; but this we find pass'd by as unnecessary at that time, but afterwards try'd to no purpose; tho' if any of those Persons concern'd in her Arraignment, had from their Souls believ'd her as they represented her, I am apt to believe, they would have been likewise satisfied in that Point, as well as given to other ridiculous Notions and Experiments, as burning the Bundle of Sticks, and the Pin, and the Feathers, &c. But now comes on the famous Trial of Skill, about repeating the Lord's-Prayer. The Reverend Mr. Strut, the chief Champion in the Lists, and his Fel [Page 18] low Labourer Mrs. Gardiner, against a poor ignorant Old Woman. Impar congressus : And great Stress is laid upon her repeating, ‘Lead us not into Temptation’, with two Negatives. Now I would venture a small Wager upon it, take England round, and there are 3 Parts in 4 of the Country People pronounce that Sentence generally after this manner. But not putting this infallible Touch-stone upon so uncertain an Issue, as coming from the Mouth of a Reverend Divine; It may be worth the while to enquire, whether too many of the Auditors were not very curious in watching every Lapse of her Tongue, or preventing her Repetition of those Words, with too many impertinent Questions, or alarming her with the suppos'd Impossibility of repeating them. But drawing off from Conjectures, I would fain know how the false Pronunciation of that Sentence particularly, came to be the Criterion of a Witch; I think none of our Rubricks enjoin it as a specifick Trial, and I hope, no learned Divine has borrow'd it either from a Popish Legend, or found it amongst some Country Receipts for a Strain, a Quaking-Pudding, or a Cut [Page 29[19]] Finger: No, we cannot think so meanly of any Branch of the sacred Body. Then let's come a little closer to the Point, and try it by dint of Reason. It would be some Satisfaction to know, why a Witch, &c. as the Reverend call poor old Jane, should boggle at one Sentence more than another. The Reason assign'd, I presume, is, that they being conscious of running voluntarily into Temptation, have not the Face to pray that God would prevent them from falling into it; whereby the Reverend allow their Witch some Grace. But pray then, with what Front can such a Creature say, Our Father, &c. when she has renounc'd God, and resign'd her self up to the Devil by Contract? How can she say, ‘Thy Will be done’, when she is continually employ'd in the Devil's Service? In fine, How can she pray, ‘Thy Kingdom come’, or for the second Coming of Christ to Judgment, when she must expect by that Judgment to be irreversibly damn'd? But here's a very strong Argument they bring to confirm the Guilt of Jane Wenham, viz. her falling down at Mrs. Gardiner's Feet, before she gave in her Information, and begging her not to swear a [Page 20] gainst her, using many Expressions of Fear, least she should be sent to Goal. Now with me it's a moot Point, whether Jane Wenham's earnest Entreaty to Mrs. Gardiner, not to swear against her, does not seem rather a tender Regard to Mrs. Gardiner's Soul, for fear she should Perjure her self in her Deposition, than a Discovery of her own Guilt. But setting that aside, Jane Wenham might very readily suggest to her self, that Mrs. Gardiner being the prime Undertaker in this Affair, a fierce Bigot, and a superstitious Believer of whatever dropt from Anne Thorn's Mouth in her raving Fits, might, by a heat of Passion, peculiar to such Zealots, give some Colourings of her own to the ridiculous Account she was to relate: And Jane Wenham being a poor helpless Creature, detested by the whole Parish, upon the Supposition of her being a Witch, being sensible of the Weight and Authority of such an Evidence, and that her Fate in a great measure depended upon her Deposition, might, amidst those anxious Fears and Cares, be allow'd to sollicit Mrs. Gardiner's Favour, without the least Colour of Suspicion. Then as to expres [Page 21] sing her Fears of being sent to Goal, there is so little Stress to be laid upon it, that nothing could have justify'd the Mention of it, but only that it serves to make this Collection of Prodigies more curious. For who is there without dismal Apprehensions of a Goal? Who thinks of Confinement without Horror? Much more might such an abandon'd Wretch, who had neither Friends or Money, dread being sent there, when, under her Circumstances, she could expect nothing less than a Course of Misery and Hardship worse than Death.

As to the Information of Susan Aylott, it's so disjointed, and even conjectural, after her own Way of telling the Story, that it deserves no Remark.

Thomas Adams's is likewise of the same Complexion. He, it seems, has 3 or 4 fat Sheep die of the Megrim, by feeding in too rank Pasture; and because this poor old Creature was seen in his Turnip-Field, ergo she bewitch'd his Sheep. Fair Consequences, and which, if made use of, might serve to condemn all the innocent People of a Parish, as well as the guilty, in the space of a Year.

Another Wise-acre swears he came within 3 Minutes of Jane Wenham's [Page 22] threatning Anne Thorn, and if he had been in the Indies at that time, 'twas as much to the Purpose.

But here is some seeming weight in what comes next: Mr. Strut having renew'd his Proof of Jane Wenham's Guilt, by her not repeating a particular Sentence or two in the Lord's-Prayer; after his Dialect (which I have already shewn to be inconclusive) asks her, if she had any hand in bewitching Anne Thorn; to which at first she gave not positive Answer; but upon Mr. Sturt's telling her how beneficial such a Confession would be to her own Soul, and others, if she was guilty, she began to relent, and in the Presence of Mr. Gardiner, and her Kinsman Archer, Mr. Strut ask'd her sincerely to tell him whether she was a Witch? she said she was: Then he ask'd her, whether she had not an hand in bewitching Anne Thorn? she said she had, but there was another concern'd with her: Then he ask'd what induc'd her to it? she said, the Girl had once vex'd her. Then she was ask'd, whether she did not meet Anne Thorn on Tuesday Morning? To which she answer'd, No: But being ask'd, whether it was not her Familiar? she answer'd in the affirma [Page 23] tive. She likewise confess'd, she had liv'd in that Course of Life above 16 Years: She then being ask'd, what induc'd her to that Familiarity with the Devil? Said, it was a malicious and wicked Mind; for when any of her Neighbours vex'd her, she us'd horrid Curses and Imprecations, on which the Devil took Advantage over her.

With Submission to this Reverend Divine, I think that all the Questions are very superficial, and ensnaring, and half of them such as she knew not the meaning of. As to the first, Whether she was a Witch, she is said to confess her self to be so: Whereas, if his second Question had been, What is a Witch? she would not have been able to tell; and I question whether it might not have put his Reverence to some trouble to define: The Parish having lodg'd that Name over her for some Years, the poor simple Creature own'd her self to be what they had stigmatiz'd her for, without either knowing the Hazard of Confession, or the Properties of a Witch. The second Question is as unfair as the first: For she not being supposed to know the Meaning of a Witch in the Latitude, her Accusers took it, so by that second Que [Page 24] stion they involv'd the poor stupid Creature in a Plot against her own Life. If the Question had follow'd, about the Modus of her bewitching, she would have been as much at a loss as to have defin'd a Witch. The Third Question about her Familiar, is equally ensnaring, she not knowing the meaning of the Term, or the Use a Familiar is put to: The Parson help'd her out with a leading Question. Then as to her Confession of having liv'd in that Course 16 Years, I take to be no more than a bare Computation of the Time the Parish had accounted her so. The last is a fair as the rest, viz. What induc'd her to such a Familiarity with the Devil? when we have no account of any she made use of. What Familiarity this was, should likewise have been enquir'd into: The original Contract between them produc'd, an Account likewise how the Commerce between them had been carry'd on; In what manner she acted under the Devil? But instead of this, we have the old dry Answer, a wicked Mind, and that she using to curse her Neighbours, the Devil took advantage over her. Why is not the particular Advantage the Devil took over her explain'd? [Page 33[25]] No doubt, the Devil takes advantage over every Person that transgresses, but not so as to bring him under his immediate Power and Influence: Neither do I believe the Devil took any more advantage over her, than any common Sinner. But the Questions and Answers are so prettily adapted, and contriv'd so well for shortning the Dispute, and ensnaring the poor senseless Creature in a few Words, that I cannot help believing but the whole Catechism, both Question and Answer, was contriv'd by the Priest. Ay! But here is Self-Conviction, she is condemn'd out of her own Mouth, and what necessity is there of farther Evidence. But consider the Creature that thus condemns her self: A poor, stupid ignorant Wretch, that had been harrass'd out of her Senses, threatned by all the Parish, Brow-beaten by the Justice, loaded with 20 hard-mouth'd Depositions, closeted by Priests, told the Advantages of confessing, and perhaps, that a frank Discovery might be of use to her. I say, weighing all these Circumstances, What could be expected from this poor Wretch under this Consternation? But however, it is not Rarety to find these reputed Socerers and Witches, accusing themselves of what they were never guilty, [Page 34[26]] even of killing Persons, when they have been actually alive, either out of an unaccountable Vanity of distinguishing themselves, or a vain Design of making themselves fear'd.

After this, we are entertain'd with a merry Account of Caterwauling, and with such variety of Accents, as are seldom heard but about Midnight. But we find Ann Thorn's Fits continuing violent (sic)upon her, and taking notice of no Person; but when JaneWenham was brought into the Room, she flew up with great Strength and Fury, crying out, ‘What are you come to torment me’, once when all the Family had given over Anne Thorn for dead.

It must be allow'd, that all Persons labouring under those violent Fits as Ann Thorn did, have their seeing and hearing much more exquisite (tho' deprav'd) than others, in regard of the abundance of Animal Spirits which are contain'd and engendred, insomuch that it may be affirm'd, that the greatest part of their Blood is spiritualiz'd or converted into animal Spirits. Now we may rationally suppose, that Anne Thorn having spent her Fury upon Jane Wenham in the former Encounter, that long Intermission [Page 35[27]] out of which she could hardly be provok'd, but at the Appearance of Jane Wenham, may be ascrib'd to the great Expence and Waste of Animal Spirits in her last Fit, which she was forc'd to repair, by giving the Remainder of her Spirits time to breed more.

In the next place, we meet with an enchanting Pin, which young Chauncy takes out of Jane Wenham's Hand, and pricks her with, and at last fetches out a Watry Serum; by which, I presume, they mean a Serous Blood. And truly, no more could be expected from a Woman advanc'd in Years, who liv'd low, and perhaps might have some other reason for such a Scarcity of florid Blood. But after this, we find Jane Wenham goes home, and passes the Night in Singing and Dancing, saying, the Maid should be well that Night: Was there ever such a Mixture of Frenzy, Simplicity, and Unconcernedness? Truly, I am apt to think, Jane Wenham her self was a little touched, by being so often put to the Torture of Ill-Tongues, and more an Object of Pity than Revenge.

Now comes on a second-sighted Evidence, who sees Pins convey'd to Anne Thorn by an invisible Means. 'Tis Pity there had been any more Depositions, [Page 36[28]] this is so conclusive: It would puzzle a Judge whether to try the Criminal or the Evidence: For the seeing an invisible Power, looks very dangerous.

After this, these Witch-hunters make use of an infallible Secret of proving Jane Wenham a Witch, by putting some of Anne Thorn's Urine into a Stone Bottle, tying the Cork down, and setting it over the Fire.

I presume this Experiment, was made at the Instigation of Mrs. Gardiner, who was the prime She-Undertaker in this great Affair. If the Clergy were concern'd with the Maid's Urine, they would oblige the World with giving them a Rationale of its working such surprising Effects.

In short, these busie People were teising Jane Wenham upon every Occasion, that they had brought her to Fits at last, and it's no wonder to find her falling into the Alternatives of Grief and Joy.

Before Jane Wenham is sent to Goal, Mr. Strut and Mr..Gardiner make another Effort upon her, and remind her of her former Confession, which she poor Creature took little Notice, of being full of Evasions. By which we may learn, how little she knew of the Consequence of her confessing what she did to to the [Page 37[29]] Parsons; but she finding they improv'd it to her Disadvantage; and being advis'd, I presume, to lie more upon her Guard, was shy in answering, and told them, They lay in wait for her Life. Being ask'd in what manner she contracted with the Devil? she said, an Old Man spit upon her. A notable Method of Bargaining, and a pretty Invitation into his Service, and the newest way of Signing and Sealing between Parties that one shall hear of. I have read in your Books of Demmography, something that looks more solemn; as that the Devil, in order to make People renounce God, usually makes them touch a Book, which contains several abstruse Characters, and then threatens to throw them in a deep Lake of Black-water, if they don't instantly perform the Renunciation: Then at the Rendezvous of their Sabbath-meetings, he gives them a past of Black Millet, and the Liver of an unbaptized Child, which has a Vertue in it of making them keep the Devil's Secrets. He likewise sucks the Blood of the Left-foot of the Sorcerer, or Witch; with the like. These look like formal Initiations: But this poor Wretch was only spit upon by an old Farmer; perhaps in [Page 38[30]] Spleen, or Derision, and possibly pi---s'd on, and this instantly debs her a Witch.

Passing by the two sensless Depositions of Isaiah Wright, and Thomas Harvey, we are next presented with an enchanted Pillow, with a great many Cakes of small Feathers; which, how great a Wonder soever the Priests made of it, is no surprize to the Upholsterers, who meet with such Prodigies every Day, in the ordinary Course of Business. As to the Maids being better after the burning the Feathers, it's no wonder, People in Anne Thorn's Condition being always reliev'd by the Smell of such Volatiles.

The last wonderful Phænomenon is, Jane Wenham's appearing to her in the Shape of a Cat. Now setting aside the Viciousness of Anne Thorn's Opticks, and the irregular Motion of her Spirits, which made her take a Cow for a Tree, and a Man for an Horse. I deny that there can be any such Transformation of an Humane Creature into a Cat, Dog, Hare, or any other Species. It is not possible, either in Soul or Body. Not in the Soul, for that would be a sort of Mortality, to which the Soul is not subject. The Sorceries and magical Effects of Evil Spirits may, if God permits them, stop the Passages of our Senses, disturb [Page 39[31]] them, and enfeeble the Organs, but they cannot annihilate and extinguish the reasonable Soul, efface the Image of God, to substitute a brutal Soul in its place. But if it should be alledg'd, that the reasonable Soul sequesters it self, and makes room for the other, that cannot be done without the intire Death of the Body. Nor is it any more possible that two Souls, the Reasonable and the Brutal, should be joined together, for then there would be two essential Forms in the same Subject, which cannot be allow'd according to Physical Principles. Nor is the Transformation of the Body more possible; for this Vessel cannot be changed in order to substitute another to the reasonable Soul, which is also improper to vivifie and organize the Body of a Beast. This Head, this Humane Brain, in which the Imagination is lodg'd, and in general, all the Members of the whole Body, are so aptly compos'd for the Functions of a reasonable Soul, that it cannot be lodg'd in the Head and Body of a Brute.

I shall take notice but of one ridiculous passage more, and so close up my Remarks upon the Narrative, which is, that of Jane Wenham's coming to Anne Thorn's Window, after her Commit [Page 40[32]] ment, and threatning to torment her.

Now I thought it was a received Opinion, That Witches had no Power over a Person after being in the Hands of Justice. But supposing they have, a Query very naturally occurs; How comes it to pass, if these miserable Wretches have Liberty to get out of Prison, that they are such Fools to return, and expose themselves to the almost inevitable Danger of suffering the Torments appointed in such Cases. At this rate, we must believe they learn no Wit by conversing with the Devil.

Having briefly run over the Narrative, according to the Promise I made you at first, Sir, I proceed to shew how fallacious the Proofs of a Person's being a Witch are, and consequently ought never to extend to loss of Life. In Germany, People have a fine time of it: A bare Report that the Person is a Sorcerer, or a Witch, is enough: They are immediately upon that imprison'd, and then interrogated; if they deny it, they are put to the Torture; if they own it, they pronounce their own Sentence. It is not so bad with us, God be thanked, but the Proof against the Criminals of this kind, amongst us, is for the most part very precarious, the chief Evidence [Page 41[33]] against them being generally taken from Persons said to be bewitch'd by them, who are for the most part distemper'd in Mind, and consequently their Attestation is of no more weight than a Person's under a Delirium.

If any Mischief befals a Person, or his Family, after the passionate, but impotent threats of an Old Woman, it's a sure Argument of her being a Witch; as if the Muttering of a few Words should conceal in them the occult Malignity of an immediate Poison, or that a Wish should be able to infect Cattle with the Murrain, or that God, whose Omnipotence but very rarely transcends the Laws of Nature, should allow them to be violated continually, to oblige a petulant peevish old Woman, and the Devil be still at her Devotion.

But if there be no Occasion given, if Envy, Revenge, Malice, or Power, fall in with Ignorance, they may prove fatal to any destitute of Friends: Nay, some Performances, the like of which have not been seen before, in which appear some Motions, of which the Springs are unknown, have been sufficient to fix the Brand of a Sorcerer upon a Person. A learned Man at Paris was accus'd of Magick, for printing a Commentary on the Tenth Book of Euclid; and a Norman Gentleman observing from the Barometer, that it would not be long be [Page 42[34]] fore it rain'd, got his Hay mow'd whilst the fine Weather lasted, which made the Country People report, he held a Correspondence with the Devil. The Water Experiment to try Witches, is the most fallacious of any, so is that of Marks about the Body: A Mole or Wart, or any Excrescency, passing current for the Stamp of the Devil. It would be endless to recount the several idle Tokens the Country People have of Witchcraft, and not one of them with the least Shadow of Reason.

Now that the Vulgar should ascribe every thing that's a little surprizing, to Witchcraft, is no wonder; but that Clergymen, Men suppos'd to have made some Improvement in Physick, should give into the little crude Notions of Nurses and Old Women, about Things which might easily be solv'd by natural Causes, is astonishing; but there is a Vulgus amongst the learned, who, because they cannot readily assign a Cause for the Event, as being less obvious to Sense, presently conclude it preternatural. To own their Ignorance, 'twould put them into too great a Confusion, or give them too much Trouble to search into these Causes. 'Tis a surer as well as a shorter way, for their Reputation and Ease, to cry it up at once for a Miracle. By that they free themselves from many perplexing [Page 43[35]] Queries; and intermixing the specious Pretext of Religion with it, they seem to advance God's Glory.

I think, amongst the few good Things that Lewis XIV. has done, this ought to be mention'd, that he has alter'd the Proceedings against Magic and Witchcraft, turning the Penalty of Death into Banishment, and afterwards by a Decree of the Council of State in 1672, order'd that all the Prisons in Normandy should be set open to all Persons that were detained for those Crimes.

Before we take our leave of this Subject, we must examine a little into this Exorcism by Prayer, which we have reserved for the last. This Exorcism is of a very ancient Date, practis'd amongst the People of Greece. But as it was manag'd at that time, it became scandalous. It was perform'd generally by mean and mercenary old Women, who made it their Business to go and read certain Forms of Prayer, in order to pacify Persons and Houses. This Trade of an Exorcist was accounted dishonourable in these Days, upon the Score of its being a pious pions (sic) Fraud: For which Reason the Orator Æschines, Son to a Woman who had practis'd it, was ignominously treated by Demosthenes. And I fear our modern Exorcists will find as little Credit amongst the Judicious, especially if all the Exorcisms are perform'd like that upon Anne Thorn. Here is a poor Maid Epileptick, Hysterical, Lunatick by turns: The Priest comes and prays by her in one of her Fits, which lasts more or less, according to the Disposition of her Animal Spirits. The Fit goes off in its due Course, and this is call'd an Exorcism. I do say, any one that [Page 44[36]] sprinkles Water in a Person's Face that's going to swoon, has a better Claim to an Exorcist, than these. I thought in all true Exorcisms, the Evil Spirit was cast out and entirely banish'd, and left the Patient with some Struggles; still we find him returning into this Exorcis'd Person at Pleasure: But perhaps it was not the same Devil, and 'twere more for the Priests Credit to give out it was a fresh Demon every time: So having a Legion upon their Hands, they would have the Reputation of the greatest Kill-Devils in the Kingdom. It is with indignation, to be serious, a Man sees such bare-fac'd Impostures walk about in the Face of the World: But we presume, they who would impose on the World in this manner, hope to find their Account in it, and that nothing but Self-Interest could induce them to propagate such Delusions.

If they could once fix this Belief in the Minds of the People, that they were indued with a special Power of dispossessing Persons, and assisting them in preternatural Streights and Exigencies, by virtue of their Sacerdotal Office, how strangely would these Surmises work in time, and not only attract the Devotion of the Simple to them, but likewise weighty Offerings? Some such Design must be at the Bottom of this Delusion, and the Multitude of superstitious People at this time of Day, may be a Party, for ought I know, sufficient to support it: Nay, if once a Priest could bring his Parishioners to believe this power of Exorcising, I don't doubt but in time he might graft more [Page 45[37]] pretended Miracles upon that Stock, and set up at last, for driving away the Plague, curing Cattle of the Murrain, boast of a sovereign Remedy against the Tooth-Ach, recover lost Goods, and in short, be resorted to as a Prophet upon all Occasions. As this would not only enrich them, and transfer the Wealth of the Parish into their Hand, so likewise it would raise their Persons into greater Esteem with the World. What Honours could be thought too great for such a Wonder-working Priest? and when once conferr'd by the Laity, How would the Priest improve them, till at last they might be tempted to put in a modest Claim to be exempted from all politick and positive Laws, unless of their own making? Nay, who could think, but that they who were entrusted with such a specifick and God-like power, were the fittest to be Legislators themselves, and that the Gods were come down to us in the Likeness of Men? Nay, if our Priesthood in this degenerate State, could perswade their People, that they were capable of doing so great a Miracle as exorcising a possess'd Person, they might preserve their Esteem and Veneration without the laborious way of keeping up unblemish'd Sanctity, and Exemplariness of Life. This Point once gained, How expos'd and open should we lie to all the Inroads of Popish Superstition? We might then expect to see Spiritual Fairs set up in every Parish, where hallow'd Wax-Candles, Amulets, Charms, holy Oil, and a thousand Tinklets would be sold, as so many effectual Devil-Drivers, in the Absence of the Priest. But to return to our Chevaliers of the Exorcism: I don't apprehend, with what [Page 46[38]] Colour of Certainty these Gentlemen can attribute the Abatement of Anne Thorn's Fits to the Success of their Prayers? Indeed they chose a proper time to prove the Force of their spiritual Drugs, even when she was in Her Fits; and they having a round Number of Collects to ply her with, it was ten to one if the Paroxism did not abate in that Time which was forthwith ascrib'd to Prayer; whereas I would venture any Wager, that the Maid had come to her self (as they vulgarly say) within that time, without the Assistance of those Prayers. Not that I would here be thought to derogate from the Prayers of our Church, and the admirable Collects contain'd in the several Offices: No, they shall ever have my highest Esteem; but I think them of no Use in the Case before us, as neither being adapted to the Circumstance, or a Method any ways recommended in holy Writ. For I must beg leave to interpret that Passage of our Saviour's of ‘this kind, geeth (sic) not out but by Prayer and Fasting’, very different from the Reverend's Exposition. By their making use of this Text in their Narrative, to justifie the Efficacy of Prayer in such Cases, one would think that they understood the Saying of our Saviour, as if Prayer and Fasting were the proper Methods for dispossessing an Evil Spirit: Whereas, if we attend to the Context, we shall find it very different. This Expression of our Saviour's has its Rise from a Man's bringing his Son to him, who was possess'd with a dumb Spirit, having first try'd the Power of his Disciples, who were unable to cast him out. Hereupon Christ reproves them for their want of Faith, and casts out this dumb and [Page 47[39]] deaf Spirit: His Disciples taking an Opportunity to ask him, Why they could not cast him out? he told them, this ‘kind can come forth by nothing but by Prayer and Fasting’. Now by Prayer and Fasting in this place, Christ means the Preparatory Acts of Devotion and Mortification, in order to obtain so sublime a Faith as was requisite to the subduing of those Evil Spirits; not that the bare Opus operatum of Prayer or Fasting, was of any Power to expel a Demon, or chase away a Spirit: For we never find our Saviour making use of any Form of Prayer, but with Authority commanding them forthwith to come out, which they did sometimes with Reluctance; and upon the Approach of our Saviour, knowing it was their last Effort, would leave very terrible Marks of their Rage behind them. Of these Evil Spirits quitting them, and the immediate Change for the better, the Demoniacks were forthwith sensible, and they never return'd. But in this Mock-Exorcism, we have no violent Struggles, but what were the immediate Effects of the Fit. The Maid is no ways sensible of any Spirit going out of her, she is tormented afresh in the Course of her Distemper; and one time, by the Priests own Confession, Asmodæus was deaf to the Liturgy. But one thing must not be omitted here, viz. that Anne Thorn never complain'd to these Divines, of the Devil's Uneasiness at the frequent Removes they gave him by Prayer; or that Jane Wenham finding her Power wasting by the frequent Application of that Lipsalve, did not, amongst other Threatnings, warn Anne Thorn against this frequent Prayer: No, we find her, by their own Account, equally suc [Page 48[40]] cessful, and triumphing over their sham Miracles, and themselves expos'd as a Company of raw Artists.

As far as I can learn, the dispossessing of EvilSpirits was one of the noblest Exercises of Power Christ made use of whilst he was upon Earth, and we find the Apostles (tho' far superior to any of their Successors, in Faith and good Works) not sufficiently qualify'd for that great Undertaking; and therefore, methinks it would be but a becoming Modesty in the Priesthood, to examine their own Lives and Conversation, and their Consciences would soon make a Report how far short they fall of those Qualifications necessary to so great a Work. This Method would abate their Pride, and humble their Spiritual Sufficiency, and that Glory which they assume to themselves now, upon a suppositicious Miracle, would then appear to them as the most desperate Presumption. The spiritual Gifts and Graces they convey to us in their Ministerial Capacity, is all the Power we know they are vested with at present, and aspiring to more, is the only Means to weaken what they are allowed to have. If to this, the Clergy would be little more conversant with the History of Diseases, and enquire more narrowly into the Physical Causes of things, several Effects would not appear so perplexing, neither would they be so forward to ascribe those Diseases to the Devil, where Nature is primarily concern'd.

FINIS. [Page [0]] [Page [i]]

Table of contents

• 1. Introduction.
• 2. Chap. I Of Squares, and large open Places in London and Westminster: The Plants proper to adorn them.
  • 2.1. Of Flowers that will grow well in London fit for the adorning of Squares.
• 4. CHAP. II. Of making and adorning Squares; and how to dispose the several Plants in them.
• 5. CHAP. III. Of the Part of London next the River Thames; how far we may promise our selves Success in Gardening there.
• 6. CHAP. IV. Of Court-Yards, and close Places in the City.
• 7. CHAP. V. Ornaments and Decorations for Balconies, and the Outsides of Windows in large Streets.

[...]

THE City GARDENER.

[...] [Page 27] [Page 44] [Page [0]] [Page v] [Page ix] [...]

Table of contents

• TO Sir Hans Sloane, Bart. First Physician in Ordinary to His MAJESTY; President of the Royal Society, and also of the College of Physicians.
• THE PREFACE .

A TREATISE OF BUGGS.

AS Buggs have been known to be in England above sixty Years, and every Season increasing so upon us, as to become terrible to almost every Inhabitant in and about this Metro [Page 2] polis, it were greatly to be wished that some more learned Person than my self, studious for the Good of Human Kind, and the Improvement of natural Knowledge, would have oblig'd the Town with some Treatise, Discourse or Lecture on that nauseous venomous Insect.

But as none such have attempted it, and I have ever since my return from America made their destruction my Profession, and was at first much baffled in my Attempts for want, (as I then believ'd, and have since found) of truly knowing the Nature of those intolerable Vermin: I determin'd by all means possible to try if I could discover and find out as much of their Nature, Feeding and Breeding, as might be conducive to my being better able to destroy them.

And tho' in attempting it I must own I had a View at private Gain, [Page 3] as well as the publick Good; yet I hope my Design will appear laudable, and the Event answer both Ends.

The late Learned and truly Valuable Dr. Woodward, to whom I first communicated my Intent, not only approv'd the Design, but also the Methods which, I told him, I design'd to pursue, to attain the desired Effects: and at the same time was so good to give me some useful Hints and Instructions, the better to accomplish an Affair, which he said 'twas his Opinion would be a general Good.

Not to make this Acknowledgement of his kind Assistance, would be Ingratitude to my dear deceas'd Friend.

As I had his Approbation at the beginning, had he but liv'd till now, I doubt not but the Discoveries I have made would have appear'd so considerable and useful, as might have [Page 4] entitled me to his farther Friendship and Assistance, in methodizing this Treatise for Publication.

But depriv'd of him, my first and greatest Encourager, I have ventur'd to let it appear in the best Dress my Capacity will admit. Should the Stile and my Manner of handling the Subject to be treated of, appear uncouth and displease, I hope the Usefulness of it to the Publick will make some amends for that Defect.

In treating on these Insects, some part of the Discourse may perhaps at first View appear surprizing, if not incredible to the Readers: But by giving them an account how I attain'd my Knowledge, and by often reiterated Experiments prov'd them to be certain Facts, they will soon alter their Opinion; and the whole, I hope, will not only be acceptable, diverting and instructive to the Rea [Page 5] ders, but also of universal Benefit to the Inhabitants in and about London and Westminster.

This Treatise being on a Subject as much wanted as any whatever, and the Pains and Trouble I have taken to arrive at my Knowledge herein, having been uncommon; it may be expected by the Curious, that I should give some of the Reasons that first induced me to undertake a Discovery so very difficult to appearance.

It may not therefore be unnecessary to acquaint such, that in the Year 1726, my Affairs requiring my going to the West-Indies, I had not been long there arrived, before, (the Climate not agreeing with my Constitution) I fell sick, had a Complication of the Country Distempers, lost the Use of my Limbs, and was given over by the best Physicians at Kingstown in Jamaica.

[Page 6]

But, contrary to their Expectation, recovering a little, they advis'd me to stay no longer in a Country, so prejudicial and dangerous to me, than till I could get Shipping for England; and in the mean time desired that as often as I was able, I would ride out for the Benefit of the Air; which as soon as I had Strength enough, I did.

In one of my Journeys meeting with an uncommon Negro, the Hair or (rather) Wooll on his Head, Beard, and Breast being as white as Snow, I stopt my Horse to look on him; and he coming, as their way is, to beg a little Tobacco, I gave it, and enquir'd if he had been always so white-hair'd. He answer'd, no; but Age had made him so.

Observing that he moved briskly, had no Wrinkles, and all his Teeth, I told him I could not believe him to be very old, at the same time de [Page 7] siring to know this Age. His Answer was, he knew not himself; but this he knew, that he was one of the first Slaves brought into that Island, after the English had taken it in Oliver Cromwell's time, and was then a great Boy.

By this account I judged, and might reasonably suppose him upwards of ninety Years of Age.

Whilst we were in discourse, he perceiving me often rub and scratch, where my Face and Eyes were much swelled with Bugg-Bites, asked if Chintses, (so Buggs are by Negroes and some others there calles) had bit me? On my answering yes; he said, he wonder'd white Men should let them bite; they should do something to kill them, as he did.

This unexpected Expression excited in me a Curiosity to have farther Discourse with him; and on my telling him, that for my part I should [Page 8] be extreme glad to know how to destroy those Disturbers of my Rest, and that if he would tell me how, I would give him some more Tobacco and a Bit, (a Piece of Spanish Money, there current at Seven-pence Half-Penny:) On this he agreed to give me a Calibash full of Liquor, which he said would certainly do it, following the Directions he gave me.

Possess'd of this, well pleas'd I went home, and tho' much fatigued, I could not forbear using some of it before I went to sleep; and to my surprize, the instant I applied it, vast Numbers did, (as he had told me they would) come out of their Holes, and die before my face.

These I swept up, threw away, and went to Bed, and had much better Rest than usual, not being Buggbit then, as I always was before.

[Page 9]

But what added to my Satisfaction, and further surpriz'd me, was, that when I got up I found many more had come out in the Night and were dead.

On this, I conceiv'd so great an Opinion of the Goodness and Usefulness of this Liquor, that I was resolved to endeavour, and if possible to prevail on him to teach me how to make it; well knowing so valuable a Secret was much wanted, and would be highly useful, if I lived to return to England.

In order to obtain it, I got some English Beef, Pork, Biscuit and Beer, and some Tobacco, believing those sooner than Money or any other thing would procure from the Negro, what I so much wanted and desired.

The next day early I went, and finding my Negro in his Hutt, I asked if he could dress me some [Page 10] Victuals. On his replying, yes, if he had it; I open'd my Store-Bags, took out one Piece of Beef, some Biscuits and a Bottle of Beer, taking care at the same time he should see the rest. We eat a Biscuit, drank some Beer, and to dressing the Beef with some Yams out of his Plantation, he eagerly went: all Negroes being greedy of Flesh, when they can come at it; some of them not eating any for many Years together, but live altogether on the Produce of the Earth.

Whilst he was intent on Cooking and in a good Humour, I took the Opportunity of telling him, I had used and so well approved of his Liquor, that if he would learn me how to make it, all the Victuals and Tobacco in the Bags, and what Liquor we did not drink whilst I staid, I would give to him, as a Recompence for the Favour.

[Page 11]

At first he refused, believing me (as I found by his discourse) to be a Creolian, whom the Negroes in general hate; but upon my convincing him I was an Englishman, and returning home, the good Chear prevail'd.

After eating together, into the Woods and Savannahs we went, to gather such of the Materials as grew not on his Plantation, or that he had not by him; and returning to his Hutt, to making the Liquor he went.

I remark'd well, and set down the Names, Quantities, and his way of making and mixing the Composition; which being done, all the Bottles we emptied of Beer were fill'd with the Liquor; with which I return'd to Kingstown, being as well pleas'd with my Discovery, as the Negro was with my Presents.

Having thus obtain'd my most material Point, I could not yet for [Page 12] bear going every time I rode out, to see and discourse my Negro, and never went empty-handed, being desirous to try if I could discover any thing further from him or of him, and how he attain'd the great Knowledge I found he had in the medicinal Virtues of Roots, Plants, &c.

He inform'd me, that during about fifty Years that he was a Slave (in which time six of his Masters had died) he oft wish'd for Death, and sought no means to preserve Life, and was then so infirm, as to be thought by his seventh Master to be past labour; and having been a good and faithful Slave, his said Master gave him his Freedom, and the piece of Ground I found him upon, to live on.

That Liberty having render'd Life more agreeable to him, he then studied all means to preserve it, and having some knowledge of things [Page 13] proper to preserve as well as support him, he had ever since planted, &c., in his Plantation, things proper for Physick as well as Food.

And indeed his Ground might be called a Physick-Garden, rather than a Provision-Plantation; for of the latter he only raised enough to support himself, of the former to supply others as well as himself, and frequently made Medicines for his sick Acquaintance and others with success. This Account I had of him from many, as well as from himself; which made me entertain so good an opinion of his Skill and Fidelity, that I ventur'd to take a Medicine made by him, by the use of which I found great Benefit in the restoring me to the Use of my Limbs.

'Twas owing to his Skill that he had thus preserv'd himself to so great an Age; and 'tis my Opinion, he had attain'd to a greater knowledge [Page 14] of the physical Use of the Vegetables of that Country, than any illiterate Person ever had done before him.

Believing some of the Materials not to be had in Europe, I procured of him a quantity, and soon after returned to England.

On my arrival at London in August 1727, I made some Liquor to compare with his, (which I found exactly the same) whereupon I set about destroying of Buggs, and found to my Satisfaction, that wherever I apply'd it, it brought out and kill'd 'em all. At length I advertis'd, had great business, and pleased every body, then apprehending no return of the Vermin. But yet, to my surprize, tho' I had kill'd all the old ones, young ones sometimes, in some places, would appear.

To my Liquor's being then so strong and oleous, that I durst not venture to liquor the Furniture for [Page 15] fear of damaging it, I at first attributed the coming of those young Buggs.

Whereupon I studied to find an Allay for that Quality; which at length, after many Experiments, and with much difficulty, I found out, and to such a perfection, that I can and do with safety liquor the richest of Furniture, as well as the Woodwork of Beds; and tho' the staining Quality be taken off, the valuable attractive and destructive parts of the Composition still retain their full Virtue.

Having gain'd this great Point, I then went on briskly, and destroy'd Buggs and Nits in all Beds and Furniture wherever I came: But yet Young Ones from behind Wainscot and out of Walls would sometimes afterwards appear, get to the Beds for better quarters and food, and become troublesome.

[Page 16]

This much perplex'd me; but these unforeseen and then unknown Difficulties, which might have discouraged a less enterprizing Genius, prompted me the more to find the Cause and Means to overcome them; which I conjectur'd might best be done, by finding their Nature and Method of Breeding, Feeding, &c.

In order to it, I enquir'd of many Booksellers, if any Book concerning them had ever been published; but finding none, I then made it my business to discourse as many learned, curious, and antient Men as I possibly could, concerning them; but all that ever I could gather from either, was the following Account, how and when they were first known to be brought and to breed in England.

Viz. ‘"That soon after the Fire of London, in some of the new-built Houses they were observ'd to appear, and were never noted to [Page 17] have been seen in the old, tho' they were then so few, as to be little taken notice of; yet as they were only seen in Firr-Timber, 'twas conjectur'd they were then first brought to England in them; of which most of the new Houses were partly built, instead of the good Oak destroy'd in the old."’

In the above Account of their first coming, Esquire Pitfield and Mr. White, a Chymist, Men of great Probity and Curiosity, agreed.

And as the Sap of Deal is one of their beloved Foods, this probably might be the first way they were brought. How they are still brought, I shall speak to more fully hereafter, in my Instructions to avoid them.

Finding no satisfactory Account of their Nature, Breeding, and Feeding, to be come at from others, I was resolved assiduously to set about and try all possible ways to attain it [Page 18] myself. My first Step was to purchase and try Microscopes, and all such Helps as could be got, and to devise such others as might contribute thereto; by which I am enabled to give you the following Descriptions of Buggs &c. which the better to illustrate, is annexed from a CopperPlate, curiously engraven by the famous Mr. Vandergucht, the different Species and Sizes of Buggs, as well as one correctly and finely magnified.

I was not so fond of my own Performance, as to think my Treatise merited so great an Ornament. But as the Learned and Judicious Sir Hans Sloane had done me the Honour to peruse and approve of my Manuscript, and thought it worthy thereof, and also desired and directed the doing the said Plate by so good a Hand; I should have been wanting to myself, had I not, in de [Page 19] ference and respect to his Opinion and Request, annex'd the same.

A Bugg's Body is shaped and shelled, and the Shell as transparent and finely striped as the most beautiful amphibious Turtle; has six Legs most exactly shaped, jointed and bristled as the Legs of a Crab. Its Neck and Head much resembles a Toad's. On its Head are three Horns picqued and bristled; and at the end of their Nose they have a Sting sharper and much smaller than a Bee's. The Use of their Horns is in Fight to assail their Enemies, or defend themselves. With the Sting they penetrate and wound our Skins, and then (tho' the Wound is so small as to be almost imperceptible) they thence by Suction extract their most delicious Food, our Blood. This Sucking the Wound so given, is what we improperly call biting us.

[Page 20]

By often nightly watching and daily observing them with the best of Helps, having discover'd Males from Females, I determin'd, and then did put up a Pair in a Glass, as believing that to keep them the Year round, would be the only and best way to find the Nature of their breeding, feeding, &c. and be a means to discover what had occasion'd the Difficulties I had met with in my Endeavours and Practice of destroying them.

As the Thought was à propos, and the Event having answer'd Expectation, I shall now inform you of my Observations and Discoveries thereby made.

As I put up the Pair aforesaid, so did I another Pair that day Fortnight, and so every Fortnight for eighteen Months, did I put up others, with various Foods.

[Page 21]

The first, second, third, and fourth Pair lived, but did not presently breed, it not being then their Season of so doing: But in about ten Days after I put up the fifth Pair, they all spawn'd much about the time of each other; and in about three Weeks the Spawn came to life.

Of the Spawn and different Gradations of Buggs, I shall now give you an exact Account.

The Eggs or Nits are white, and having when spawn'd a clammy glutinous Substance, they stick to any thing spawn'd upon, and by Heat come to Maturity and Life. The Eggs are oval, and as small as the smallest Maw-seed.

Buggs of one day old, are white as Milk.

At three days old, are Cream-colour'd.

[Page 22]

At one Week old, are Straw-colour'd.

At two Weeks, are of the same Colour, with a red List down the Back.

At three Weeks, List Copper Colour.

At four Weeks, List Browner.

At five Weeks, List deeper Brown.

At six Weeks, the Sides brown, and the List hardly discernible.

At seven Weeks, they come to be of their proper Colour, all over brown.

At eight Weeks, they grow bigger.

Nine Weeks, Ditto.

Ten Weeks, Ditto.

At eleven Weeks, they are full grown.

Vide the Plate done from Europeans bred: under which is a single one longer and larger, than [Page 23] our full-grown, being a full-grown American bred. 'Tis needless to give the Gradations of that Species, because when they spawn and breed here, the Young degenerate, and are of the European Size.

As I wrote down the Time I put up all Pairs for breeding, and also the Times they spawn'd, and observ'd and set down the Numbers they generally spawn'd; I found by my account of above forty Pair so put up with various Foods, not only their best-beloved Foods, but also their Method of Breeding; of which, to render my Observations of publick Service, I shall give you an account.

Viz. Their beloved Foods are Blood, dry'd Paste, Size, Deal, Beach, Osier, and some other Woods, the Sap of which they suck; and on any one of these will they live the Year round.

[Page 24]

Oak, Walnut, Cedar and Mahogoney they will not feed upon; all Pairs I put up with those Woods for Food, having been soon starved to death.

Wild Buggs are watchful and cunning, and tho' timorous of us, yet in fight one with another, are very fierce; I having often seen some (that I brought up from a day old, always inur'd to Light and Company) fight as eagerly as Dogs or Cocks, and sometimes one or both have died on the Spot. From those so brought up tame, I made the greatest Discoveries.

They are hot in Nature, generate often, and shoot their Spawn all at once, and then leave it, as Fish do.

They generally spawn about fifty at a time, of which Spawn about forty odd in about three Weeks time usually, (but sometimes two or three days more or less, according as the [Page 25] Weather proves more or less hot) come to life; the Residue proving addle, as do often the Eggs of Hens, &c.

Thus they spawn four times in a Season; viz. in March, May, July, and September: by which 'tis apparent to a Demonstration, that from every Pair that lives out the Season, about two hundred Eggs or Nits are produc'd; and that out of them, one hundred and sixty, or one hundred and seventy, come to Life and Perfection.

Some of the first Breed I have known to spawn the same Season they were hatched; but so few in Quantity, and those so weakly, that the Winter killed them.

I have also observed that in Rooms where constant Fires have been kept Night and Day, they have been so brisk and stout as to spawn in the Depth of Winter: but of all the [Page 26] Spawn I ever saw between September and March, not one ever came to Life.

This plainly evinces, that Natural Heat only produces Life in the Spawn, and that Artificial cannot.

Thus having shewn plainly the Number each Pair annually produce, I hope their great Increase is so sufficiently accounted for, that it need no more be wonder'd at.

And having also shewn their seven Months Season of Breeding, if 'tis admitted, as I think 'tis plainly apparent, that in the other five Months, viz. from September to March, when there is no such thing as Spawn but what is addle, and consequently cannot come to Maturity; it then naturally follows, that the Winter is the best Season for their total Destruction: which I shall make [Page 27] more fully appear presently, but must first refute two vulgar Errors.

The first is, That many People imagine they are dead in Winter. This is a Notion so absurd, that it would hardly be worth mentioning, had I not by Experience found it had prevail'd with many People of Sense and Learning, as well as the Vulgar and Illiterate. The many Experiments by me shown at the Hospitals in the hardest Frosts last Winter, and in the Houses of the Nobility and Gentry, and to Sir Hans Sloane the 30th of December 1729, will, I hope, be deem'd a sufficient Refutation of that Error: For in the coldest Seasons the Application of my Liquor with a Feather only, made the Vermin bolt out of their Holes, and die before their faces.

This they will do all the Year round in the coldest or hottest Wea [Page 28] ther. And I have seen, and do assert, they do bite in the cold as well as hot Seasons: but as our Blood is not so apt to inflame in Winter as in Summer, their Bites make but little Impression, and are consequently the less regarded.

The second seeond (sic) and most prevailing Error is, That Buggs bite some Persons, and not others: When in Reality they bite every Human Body that comes in their way; and this I will undertake plainly to demonstrate by Reason.

It is generally observ'd and granted, that a Person under an ill Habit of Body, if he receives a small Cut or Wound, so slight as to be at first thought a Trifle, such Person's Wound by reason of such ill Habit shall be attended with Inflammations and other dangerous Symptons, and be longer under Cure than Wounds, which when first receiv'd were [Page 29] larger, and consequently thought more dangerous. These Wounds shall be immediately healed on Persons in good Habit of Body, such good Habit preventing any Inflammations.

And as Fevers, and Swellings attending and prolonging the Cure of Fractures, are accounted for the same way; why may it not by the same parity of Reason be admitted, that the Bite or Wound of a Bugg should swell and inflame such only whose Blood is out of order; and tho' they do bite, cause no Inflammations on any in right order of Blood?

The best Reason which can be given in support of this Error, is, That where two Persons lie in one Bed, one shall be apparently bit, the other not.

Buggs indeed, where there are two Sorts, may feed most on that Blood which best pleases their Palate; [Page 30] but that they do taste the other also, to me is apparent: And whenever that Bedfellow who is most liked by Buggs shall lie from home, the other will so sensibly feel the effects to be as above, that they will no longer think themselves bite-free.

Of this I am sensible, that I daily am bit when practising and at work in my Business, destroying them; and as they never swell me but when out of order, from thence I infer, that not only myself, but all such who are among Buggs, and do not swell with their Bites, are certainly in good Habit of Body. But to return to my Subject.

Having shewn that they not only live in Winter, but asserted that to be the best Season for their total Destruction, I must further observe, that few People caring to trouble themselves about Buggs but when they themselves are troubled by them, [Page 31] having confin'd the Attempts for their Destruction chiefly to the BreedingSeason, has been the sole Reason why the best Efforts for their Destruction have fail'd.

I do admit innumerable Quantities have been destroy'd, and much good has and may be done in Summer: but should every old Bugg then be destroy'd, you are yet not safe; for the Nits behind Wainscot and in Walls, which cannot be come at, will by heat come to life, and your work is partly to be done over again.

Whereas, on the contrary, if cleared out of Spawning-time, there is a certainty, as there is then no Nits, that their Offspring cannot plague you thereafter.

'Tis for this Reason I warrant what I do in Winter; which I cannot pretend to do in Summer.

[Page 32]

In Summer indeed I do destroy all Buggs and Nits too in Beds and their Furniture, but Buggs only behind Wainscot and in Walls: for tho' my Liquor has an attractive as well as the destructive Quality, and thereby does bring out and destroy every live Bugg; yet their Nits being inanimate, cannot come to the Liquor, nor the Liquor at them. Such Nits therefore will come to life by heat, and quit the Walls and Wainscot for better Quarters and Food in the Bed, and so become troublesome to you.

Having thus given, I hope, a satisfactory Account of this nauseous, venomous Vermin, I shall proceed to shew how they are daily brought to England, and into Houses commonly; then give some necessary Cautions how to avoid them, and Directions how to destroy them.

[Page 33]

As these Insects abound in all foreign Parts, especially in hotter Climates more than they do here; 'tis on that account all Trading Ships are so over-run with them, that hardly any one thing, if examin'd, will be found free.

And as by Shipping they were doubtless first brought to England, so are they now daily brought. This to me is apparent, because not one Sea-Port in England is free; whereas in Inland-Towns, Buggs are hardly known.

This Metropolis therefore, as having the greatest Number of Shipping, has had the greatest Number imported, and consequently bred in it.

You that are free, and would avoid a foreign Supply in your Houses, examine well all things from on board Ships before you admit them into Lodging-Rooms. Chests and Casks, Linnens, and Paper, being [Page 34] stiffen'd with Paste, afford them Food, and are consequently most dangerous.

If you have occasion to change Servants, let their Boxes, Trunks, &c. be well examin'd before carried into your Rooms, lest their coming from infected Houses should prove dangerous to yours.

Examine well all Furniture that comes in, before you set it up, Beds especially; which I recommend should be plain, and as free from Wood-work as possible, and made to draw out, that the Wainscot and Walls may be better come at, to clear them from Buggs and Dirt.

Deal Head-Boards, and HeadCloths lined with Deal, or Rails of that Wood, avoid.

Also Beach-Bedsteds, for all such afford them much Harbour and Food.

[Page 35]

If for Ornament you use Lace, let it be sewed, not pasted on, for Paste they love much.

Oak-Bedsteds, and plain Wainscot Head-Boards, and Tester-Rails of that Wood, allow them the least Harbour, and no Food; such therefore I recommend.

If you put out your Linnen to wash, let no Washer-woman's Basket be brought into your Houses; for they often prove as dangerous to those that have no Buggs, as Cradles, and Bugg-Traps made of the same Wood, often do to those that have them: for the Wood they are made of, affords them much Convenience of Harbour, and great Nourishment.

Upholsterers are often blamed in Bugg-Affairs; the only Fault I can lay to their Charge, is their Folly, or rather Inadvertency, in suffering old Furniture, when they have taken it down, because it was buggy, to be [Page 36] brought into their Shops or Houses, among new and free Furniture, to infect them.

Builders are more blameable than they: for in Houses built for Sale, old Wainscot-Doors, Chimney-Pieces, &c. are oft put up for Cheapness, painted over, and pass for new; thus the Houses in Hanover and Grosvenor-Squares, &c. were supplied before inhabited.

In taking of Houses, new or old, and in buying Bedsteds, Furniture, &c. examine carefully if you can find Bugg-marks. If you find such, though you see not the Vermin, you may assure yourself they are nevertheless infected.

To such as have, and would destroy them, I shall now proceed to give full Directions. In order to do it effectually, and to lessen your trouble, the first necessary thing to be known, is their Marks.

[Page 37]

Buggs, tho' nasty to us, are so cleanly to themselves, that they quit their places of Harbour to come out and dung, and their Excrements leave a Mark or Stain like that of a Fly, but somewhat blacker; and wherever you see such Marks, if on Wood, look for the nearest Crevise, Knot or Streak; if on Walls, for the nearest Crack or Hole; if on Furniture, for the nearest Seam, Lace, Tape, or Fold, and there assuredly are the Vermin, and there apply the Remedy.

In Winter-time, few, if any, are to be found by day-light in the Furniture of a Bed; but in the Woodwork, Wainscot, or Walls only.

In the Summer they are all over, and every Lace, Tape, Seam and Fold must be examin'd, as well as the Crevises, Joints, and Carving in the Wood-work, for the Marks, and the Remedy applied accordingly.

[Page 38]

In Winter-time, though they lie in pretty close Quarters, yet are they easily destroy'd with any thing that will attract or entice them to it.

If no such thing you have, give me leave to recommend my Liquor; on the Application of which, at all Seasons of the Year, they will come out, and immediately die before your Face.

In Summer they lie in more open Quarters, and spread, and then are not in any measure to be reduced, but by such Liquors as you may safely touch the Furniture with all over: if none such you have, you may depend that mine will not stain or any way hurt the richest Velvet, Silk, or Stuff, not even Scarlet, which almost every thing else will do.

On account of these excellent Qualifications, the Liquor has its Name of Nonpareil; and of this, if minded to do it yourself, you may have a [Page 39] Bottle for 2s. sufficient for a common Bed, with plain Directions how to use it effectually.

If the Trouble of doing it your selves be disagreeable to you, you may have it expeditiously done by me or my Servants, and your Beds, or such Part as is necessary, taken down and put up again in full as good, if not better Order, than they were before, and alter'd, (if I see Opportunity or Occasion) and made to draw out, on my usual easy Terms.

As I have occasionally mention'd what Sort of Beds I would have you avoid, give me leave to add and assure you, that Beds may be made full as warm as usual, and very ornamental, and yet be so very handy, as that any one of your own Servants might take all down and clear them of Buggs, Dirt, and Dust, and put them up again in a quarter of an [Page 40] Hour; and to this Fashion most Beds may be alter'd, several Persons having lately done so by my Directions to their very great Satisfaction.

Those that have a mind to have new Beds thus made, or old ones alter'd, are to observe, That the Head-posts of the Bedsted are to be no higher than just to support a Wainscot Head-board, the Testerlath supports the Rod as usual; in the Rail are to be nine Holes drilled in, but not quite thro'; the two at the Head, to take off and hang on, (at Pleasure,) two Upholders drove into the Wainscot or Wall; in the other seven, thro' Eye-let Holes, at proper Distances in the Tester-cloth, are to be seven Balls or carved Branches to keep the Tester-Cloth tight; to which the Head-cloth, and inside and outside Vallens are to be fixed: so that by taking the [Page 41] Lath of the Upholders, and taking out the Balls, they all come off together; and thus made, may be commodiously and immediately clear'd, clean'd, and put up again, to fasten on the Head-board: And keep your Head-cloth down tight in its Place and Form. You have Hooks and Eyes to take on and off at Pleasure.

PErsons wanting to be clear'd and kept free of those nauseous venomous Vermin, shall be attended by the Author on the following Terms, viz.

To clear a Bed-sted with Moulding-Tester, Wood Head-Cloth, Headboard and its Furniture, 10s. 6d.

Bed-steds with single-rais'd Tester, Moulding, Head-Cloth, Board [Page 42] and Furniture, or Chair-beds and Furniture, 8s. each.

Bed-steds with ditto Tester, plain Head-cloth, cover'd Head-board and Furniture; and Field-beds and Furniture, at 7s. each.

Four-post Bed-steds, or Canopybeds, with plain Furniture, 6s. each.

Press-beds, Chest of Drawers Beds and Bed-steds, without Furniture, 5s. each.

Wainscot Walls, Hangings, &c. behind and near the Bed-sted are clear'd with the Beds at the above Prices: but if spread all over the Room and Furniture, then an additional Price is expected.

[Page 43]

For Expedition and Safety, and to prevent Trouble to his Customers, or Impositions on them or himself, the Author takes his own Servants with him, to take down and put up such Parts of Beds, Wainscot, Hangings, &c. as he finds necessary; and always puts them up in full as good, if not better Order, than he finds them. Of his Servants he has good Security, and will be answerable to his Customers, for their Fidelity.

N.B. If he any ways damages the Furniture, he will pay for the same.

Persons about taking Houses, Lodgings, or buying Furniture, paying for Surveying, shall be at [Page 44] tended, and at first View be justly and truly inform'd if the Premisses be Buggy, or free from Buggs, by
John Southall ,
At the Green-posts in the Greenwalk near Faulcon-stairs, Southwark.

FINIS.

Table of contents

• 1. To the Right Honourable the High Court of PARLIAMENT.
• 2. The Answer of the Commissioners of the Navie, to the Generall Charge, intituled Englands Outgaurd, or Englands Royall Navie, surveyed and lamented by Andrewes Burrell Gentleman, sometimes servant in the Navie.
• 3. The Answer of the Commissioners of the Navie, to the Particular Charge of Master Andrewes Burrell, abstracted out of this Generall Charge.
• 4. Postscript.

[...] [Page 16] [Page 24] [...] [Page [i]]

Table of contents

1. Text 1:
   • 1. A Model for the Education of Students of choice abilities at the University, and principally in order to the Ministry. April 1. 1658.
2. Text 2:
3. Text 3:
4. Text 4:

[...]

Here followeth a Testimonial from some reverend Doctours, who are Heads of houses at Cambridge, the reason why here is not a Testimony from Oxford, is not out of any foolish æmulation or neglect of that other Renowned University, but only because he that negotiated the businesse was principally acquainted with the Heads of the other University.

[Page 8]

To the Rich that love Christ, the Church, the Gospel, and themselves.

Gentlemen,

I Have here a happy opportunity to offer you an excellent benefit, by inviting you to an excellent duty. If receiving be unpleasant to you, how came you to be rich? If you like it, come while the Market lasts. Come before Thieves, or fire, or Souldiers have seized upon your perishing wealth, come before death hath taken you from all. You see here that Christ is contented to be your Debtour, at the usury of a hundred for one, in this world, and in the world to come, eternal life. Matthew 19.29. If you are covetous, take this bargain, for all the world cannot help you to the like for your Commodity: If you are not covetous, you will not be tenacious of your money: The offer is so fair, and so unmatchable, that I know not what can keep you from accepting it, unlesse it be that you dare not trust the Word, the Promise, the Covenant of Christ. And whom then will you trust? who shall keep your wealth? will you? But who shall keep you then? will you undertake to keep your selves? Alas, how long? Is God to be trusted with the sustentation of the whole Creation, and the government of all the world, and with the lives of you and all the living, and with the prospering of your labours, and your daily preservation and provision? and yet is he not to be trusted with your money? you'le say you trust God? let us see now that you do not play the hypocrites? If you are friends to Christ, you may see in the work here offered to you, your Masters Name, and interest and honour! It's certainly his voice that calls you to this adventure and therefore never make question of your call. If you are friends to your Country, now let it be seen: If you live an hundred years, perhaps you will never have a better opportunity to shew it. If you are Protestants and love the Gospel, shew it [Page 9] by helping to plant and water the Seminaries of the Lord. Perhaps you cannot dispute for the Truth, or preach for it your selves: But you can contribute for the maintenance of some to do it: This then is your work, know it and performe it. You may have a Prophets reward, without being your selves Prophets. Matthew 10.41. At least therefore, shew that you love your selves, and that you love your money better than to lose it, by casting it away upon the flesh, and leaving it in the world behind you. If you can stay here alwayes with it, then keep it: I speak to none but those that must die, and methinks such should be glad to learn the art of sending their wealth to meet them in another world. If you understand not that giving is receiving, and the giver is more beholden, than the beggar, and that it is for your selves that God commandeth you to give, and that the more you thus lose, the more you save and gain, you are then unacquainted with the reasons of Christianity, and the life of faith. I hope your are sensible of Englands priviledges, above the dark Mahometans or Indians, in the freedome of Ordinances, and plenty of receiving opportunities. And know you not that an opportunity of giving may be as great a mercy to you, as of hearing or praying, and should be as forwardly and thankfully accepted. He was never acquainted with the Christian life of doing good, that findes it not the most sweet and pleasant life. Though we must snatch no unsound consolation from our works, but detest the thoughts of making God beholden to us; yet we must walk in them as his way. Ephes. 2.10, in which we are likeliest to meet him: he is likest to God, that doth most good, and that would do most. That is such an improvement of time and stock, that you may omit a prayer, a Sermon, or a Sacrament for it, rather than omit it: you may violate the rest of a Sabbath to shew mercy, Mat. 12.4.5. Your Lord and Master with a special remark, hath set you all this lesson for to study. Mat. 9.13. [‘But go ye and learn, what that meaneth, I will have mercy and not sacrifice’] And yet such is here the happy combination, that it is mercy and sacrifice, because it is mercy for sacrifice, that you are called to. And doubt not but ‘with such sacrifice God is well pleased’, Heb. 13.16. ‘Forget not therefore to communicate and do good. It is more blessed to give, than to receive’ , Acts 20.35. [Page 10] For the nature of the work before you, consider, First, Is it not pity that so good a breed of wits as England is renowned for, should be starved for want of culture and encouragement. Secondly, Is it not pity that so many thousands of soules should starve in ignorance, or be poysoned by seducements, for want of cost to procure a remedy. And what abundance that may be saved by the Ministry of such as you maintain, may blesse God for you as the helpers of their salvation. 3. The necessities of the Church have of late called Students so young into the Ministry, that eminent Proficients in Languages, Sciences, Antiquities, &c, grow thin, and are in danger of being worn out, if there be not some extraordinary helps for chosen wits addicted to these studies. And what a dishonour, what a losse that would be to us, the Papists would quickly understand. 4. The barbarous face of the Greek and other Eastern Churches tells us, what need there is of learned instruments, for the maintenance and propagation of the Truth. Fifthly, What abundance of Colledges and Monasteries can the Romanists maintain, to fill the World with Missionaries of all sorts, which is the very strength of their Kingdome. And is it not pity that a better work should be starved through our want of pious charity: and that Papists should dare us, and we be unfurnished with Champions to resist them, when we are furnished with so much evidence of truth, which yet may easily be lost by ill managing! Sixthly, If you are the servants of Christ, above all you must now look about you for his Church and Ministry. For the Divel hath given you so strong an Allarme, that he that now sits still, and runs not to his Armes, to help the Church, is a Traytor, and no true Souldier of Christ. Papists are up, and Atheists and Infidels and Jewes are up, and abundance of secret Apostates are up openly reproaching the Ministry, that privately deride Christ and Scripture, and the life to come, (I know what I say to be too true) Quakers are up, and all the prophane as farre as they dare: And shall not we be up to further that Gospel and Ministry and Church of Christ, which so many bands of the Prince of darknesse, are armed to assault. Let us discourage the Devil; by making an advantage of his assaults. Let him see that we never do so much for Christ and the Church, as when he assaulteth them with the fiercest or cunningest malignity. He that [Page 11] hath not so publick a spirit, as to value the well-fare of the Church and the soules of men, before the fulnesse of his own estate, may go away sorrowful from Christ (as Luke 18.23,24.) but a true Disciple he cannot be. It would make a mans heart ake to think of the dark state of the world, for want of Preachers. Were it but the state of Ireland and Wales, it should move us to compassion. And now I offer it to your sober thoughts, as to men that are going to be accountable for their Talents, whether you have a better way to dispose of your money, and a way that will be more comfortable to you at death and judgment. I would not have you unmerciful to your children: but if you think you may not lawfully alienate any of your estates from them, you are farre from the minde of the primitive Christians, that sold all and laid it at the Apostles feet. If you ask, why we leave you not to your selves to be charitable where you see cause, I answer, First, there is so much difficulty in every good work, even in giving so as to make the best of it, that you should be thankful to those that will help to facilitate it. Secondly, Great works must have many hands. Thirdly, Conjunction engageth and encourageth, and drawes on those in the company, that else would lagge behind. What need we else associate for our Ministerial works of instruction, Discipline, &c and leave not every Minister to himself: In company we go more chearfully, easily, regularly and prevalently. And should you not associate also in your duties.

Well Gentlemen, seeing it is undoubted that the work before you, is of great importance to the honour of Christ, to the wellfare of the Church, to the Protestant Religion, to the soules of thousands, and to your own everlasting benefit, take heed how you refuse to do your best, lest God distrain on you before you are aware and then hold it or your soules if you can. And say not but you were warned by a friend that would have had you have saved your money and your soules, by making the best of your Masters stock. And if what I have said do not perswade you, I intreat you to read a Preface to a Book that I have written to this purpose, called, The crucifying of the world, &c. Read Gal. 6.6,7,8,9,10. Accept this invitation to so good a work, from

A servant of Christ for his Church.
Richard Baxter. February 26, 1657/8.

[Page 12]

A word to the Rich, that desire to give up their account with comfort.

SUffer I beseech you one word of exhortation, and with attention read a few lines which may be of everlasting concernment to you. I will suppose I speak not to Atheists, but to such as are possest with a belief of an eternal estate of infinite happinesse or misery: not to fooles, but to wise men who would not wilfully neglect any thing, which is necessary to secure them from the wrath to come. It is also notoriously known, that the wilful continuance in the neglect of any one evident duty, or the commission of any manifest sin is sufficient to entitle a man to damnation, notwithstanding any professions of Religion or practises whatsoever: You cannot but know that many perish eternally, not for any grosse wickednesse visible to the world, but for slie and secret and unobserved omission sins, and that these are the onely sins which our Saviour formes a processe against in that famous repræsentation of the last judgment. Mat. 25. And amongst those duties which men are most prone to neglect, are those which are difficult and costly and troublesome, which made Christ pronounce it so hard for a rich man to enter into the Kingdome of heaven: And therefore you that are rich had need double your diligence to make your calling and election sure. And truly it is an unspeakable happinesse (if the Lord give you hearts to consider it) that your riches wisely managed, may afford you a special and eminent evidence and assurance of Gods love, and your own future happinesse; forasmuch as if you freely lay out those riches that God hath graciously given you, for his glory and the Churches good, it may be a notable and sound discovery of a lively faith, (which can part with present comforts in hopes of those future and unseen consolations) a fervent love to God and the brethren, a resolution to part with all for Christ, and a serious and true desire of salvation: As on the other side it is a token of perdition, when a mans heart is glued to his riches, and the present evil world, when a man is so destitute of charity, that rather than part with his riches, he will suffer, bodies and soules to perish; and the [Page 13] glory of God to be turned into shame: I beseech you therefore by the bowels of God have compassion upon your immortal soules, make you friends of the Mammon of unrighteousnesse, throw not your selves over-board to preserve your riches, from which you can expect no other requital, but this, that the rust of them shall rise up in judgment against you at the last day: and this duty I may the more boldly exhort you to, because, if you make use of your reason, you will finde the performance of it is no way disadvantageous to you: for, as you will gain this excellent advantage, besides eternal salvation, that, that portion of your estates which you lay out for God, will be a means to sweeten and secure all the rest to you and your posterity, so, by the doing of it you will lose nothing of substance, seeing that is most true and evident by daily experience which our Saviour saith; That the comfort of a mans life consisteth not in the abundance of what he possesseth. For what are riches, but for use, without which a mans chest hath as much good by his riches as he; and how can a man use them, but for his pleasure or credit, or posterity, or the like? and who knowes not that many discreet men of competent estates between want and affluence enjoy more real pleasure in their estates, than they that have ten times a larger portion? and if a man look to his credit, let any impartial man judge, whether it more advanceth a mans reputation, sordidly to hoard up his riches to the dishonour of Religion, his own shame and contempt (whereby he lives lamented, and dies desired) or generously to lay them out in such wayes as not only procure him favour with God, but respect from men here, and at last a Crown of glory that fades not away? and if a man aims at posterity, methinks this City hath afforded sufficient experiments to convince any ingenuous man, that the leaving of vast estates to children, doth commonly betray them not onely to the greatest wickednesses, but also to manifold miseries, which they that carry their sales lower, and whose estates are nearer the golden Mediocrity are preserved from: I may adde to all this that diverse of you in this City may say with Jacob, with my staffe I came over Jordan, and now God hath made me two hands. That God that hath brought down others, hath exalted you, that God that hath impoverished others, hath enriched you, and therefore, if others owe their thousands to God, surely you owe your ten thousands. Remember I beseech you, that hand [Page 14] that gave you your estates, can recall them when he pleaseth, and if you deny him the interest, he can revoke the principal. Remember you will not alwayes have such opportunities: Ere long you and the poorest wretch must be upon the same termes, now you have an advantage over them, and a means to do God more special service: I shall trouble you no further, but only this, lay out your estates, but do it freely, not grudgingly grudgginly (sic) , do it liberally, not sparingly: I shall not here determine that Question, whether God expects a tenth part of your estates to be imployed in his service and for publick good. But thus much I may safely say, that where God sowes liberally, he expects to reap liberally. And as Gods Ministration to us under the Gospel doth exceed the legal Ministration, so I know no reason why our Ministration to God from our superfluities should not exceed theirs under the Law: And however men can easily deceive themselves here in things which concern their profit, yet I doubt not when men shall at last come to make a review of all their actions, their consciences will justly condemne them, not only for the total neglect of such duties, but also for the not doing of them in a fit and full proportion: For this particular occasion, I shall say nothing more than what is said in the Preface, and in these other annexed Papers: Consider what hath been said, and remember it comes from one whose design is not his own profit, (nor to lay a yoke upon you which he will not take upon his own shoulders) but meerly that God may be glorified, and that, at that last day, fruit may abound to your account.

Matthew Poole.

FINIS. [Page [i]]

Table of contents

• To his very worthy and Learned Friend Dr THOMAS WILLIS, Doctor in Physique, and Professor of Natural Phylosophy in Oxford .

[...]

SIR,

SInce the best and most agreeable retribution I can make you for the honour you do me in your remembrances, and all your other signall favours, is but to gratify your curiosity with any remarkable intelligence that may advance either Physick, or Phylosophy; I shall endeavour to be as generous in my acknowledgments to you, as you have alwayes been in obliging me. Since my last unto you, my Lord Conway did me the honour particularly to invite me to his House and acquaintance, giveing me withall a fair opportunity of conversing with Mr Greatericks, and beholding severall of those performances, the report whereof as it gives just causes of astonishment to you that are more remote, so the effects fill with admiration, the most learned or suspicious beholders. In truth they are such, that he is not at all obliged to the ignorant for the esteem he hath acquired, nor is it possible for the most tender or superstitious and censorious Zealots to destroy his repute. He is a man of a gracefull personage and presence, and if my phantasy betrayed not my judgment, I observed in his Eyes [Page 2] and meene a vivacitie and spritelinesse that is nothing common. As farre as I could informe my selfe by a long and private discourse, he is a man of a very good life, of tender and charitable Principles, as extensive as the effects of his goodnesse are. He professeth Conformity unto the Doctrine and Discipline of the Church of England, yet without that censoriousnesse whereby some signalise themselves; his thoughts concerning himself are modest and humble, and he presumes so well of others, that even in some colourable circumstances, he regulates his apprehensions by the revealed mercies of God, and not the severity of men. In fine, without prejudice to this Age be it said, he seemed to me by his faith, and by his charitablenesse, to include in his soule some graines of the Golden Age, and to be a relique of those times when Piety, and Miracles were sincere. I am more full in this Character of him, because some will be very inquisitive herein: though otherwise the gift of healing be a gratia gratìs data, not gratum faciens ; and such as may be conferred, on Judas, (going to Samaria) and others, who at the day of judgment shall say, Lord, have we not Prophesyed in thy Name? and in thy Name have cast out Divels: and in thy Name done many wonderfull works. I enquired of him, how he came by this miraculous gift of healing; And he replyed, that it was the grace of God in him; which he understood at first by a strong and powerfull impulse in him to essay it: and this motion was so prevalent upon him, that it incessently runne in his minde, nor could any businesse, how serious or religious soever, divert him from those cogitations: [Page 3] insomuch that even his life seemed burthensome to him thorough the violence of the supposed temptation. He imparted this trouble to his Wife, who condemned those reveries, and desired him to abandon them: in this perplexity, he heard frequently a voyce within him (audible to none else) encouraging to the tryals: and afterwards to correct his unbelief, the voice aforesaid added this Signe, that his right Hand should be dead, and that the stroaking of his left Arme should recover it again: the events whereof were fully verified to him three Nights together by a successive infirmity and Cure of his Arme. Hereupon he set himself to the charitable improvement of that talent which God had given him; cureing at first onely Cancers in Womens breasts, and the Kings-evil: after which, by the suggestion of his accustomed impulse, he attempted the Cure of other Diseases, according as he found himself prompted thereunto from within. He was, and is still a stranger to all Physique and Chirurgery: In the Cure of some Tumours, he useth incision, though that processe be but lately taken up, after that he observed that the power of his touch did not discusse all, but ripen some humours. The fame of his performances spread all over Ireland and England, and multitudes went from Bristoll unto him. Hereupon the Right Honourable the Lord Conway employes Deane Rust to enquire into the truth of these Accidents, and finding matter of fact to justify the relations from excessive verity, he procures him to come out of Ireland, to trye if he might give any ease to that excellent Lady of his, the pains of whose head, as great and as unparalleld as they are, [Page 4] have not made her more known or admired at home and abroad, then have her other endowments. Although his hand proved not so fortunate to that Honourable Lady, as was wished (he not being able to alleviate or remove that head-ach, which had eluded the greatest skill, and most effectual remedies, that England or France yielded) yet did, he during his stay at Ragly, atchieve those things which caused him to be followed and admired by many thousands, who if they can say he sometimes failed, yet ought not represent him as an Impostor. I do not relate unto you the reports of interested Monks and Fryers concerning things done in Monasteries and private Cells; An infinite number of the Nobility, Gentry, and Clergy of VVarwick-shire and Worcester-shire, persons too understanding to be deceived, and too Honourable and Worthy to deceive, will avow, that they have seen him publickly cure the lame, the blind, the deaf, the perhaps not unjustly supposed Damoniacks, and Lepers: besides the Asthmas, Fallingsicknesse, Convulsion-fits, Fits of the Mother, Old aches and pains. I know you expect not from me the Narratives of what others have seen and told me: I shall therefore confine my Discourse to my own observations. Although I had not the opportunity of seeing him till I came to my Lord Conwayes, yet I found conveniency to visit many that had been touched by him; some I observed to have received no help by him at all; some I observed to have found a momentany benefit from his touch: and some as yet continue so well, that I think I may say they are Cured. This variety of successe amused me something: yet I recollected with [Page 5] my self, how there were some diseases, as well as Devills, which even the Apostles could not cast out: and I could not perswade my self that Trophimus was the onely man, or Miletum the onely place, where Paul left any sick. I considered this man to be no Apostle, and therefore thought it injurious to expect that from him, who propagates no new Gospell, which was not to be found in those extraordinary Envoyes of Heaven. I saw no incongruity in admitting, that God, who distributeth various gifts amongst the Sonnes of Men, might issue out the same gift to severall persons in a different measure or proportion. ‘There are differences of administrations, but the same Lord: there are diversities of operations, but it is the same God, which worketh all in all’, 1 Cor: 12. v. 4,5. Besides, I thought that how powerfull soever the gift were in Mr Greatarick, yet the sinnes of the patient might sometimes frustrate the effect of his hands, as well as the prayers of the most prevalent Saints, Moses, Noah, or Daniel. I was apt to believe, that at Corinth, there wanted not the gift of healing, nor an effectuall anointing with Oyle, (James 5:14.) yet did the misdemeanors of some draw upon several there ‘irrecoverable Sicknesse and Death’, 1 Cor: 11. v. 30. However, I did not understand that God parted so away with his gifts, as not to reserve a paramount command over them still; and I thought he though the (sic) might as well glorify himself in the continuance of some blind, as in causing some to be borne so, without regard to their particular sinne, or that of their Parents. These faylours in our Thaumaturgus, ought rather to make men look upon, and take notice of the omnipotency of [Page 6] God, then censure the deficiencies of a limited Creature. From these reflections I posted on, to the consideration of the reall and undeniable performances of his hand. I saw him put his Finger into the Eares of a man who was very thick of Hearing; and immediatly he heard me when I asked him very softly severall questions. I saw another whom he had touched three Weeks agoe for a Deafnesse in one Eare, whom I had known to be so many years: I stopped the other Eare very close, and I found him to hear very well, as we spoke in a tone no way raysed beyond our ordinary conversation. I saw him launce a Wenne that covered the Eye of an old man; there issued out abundance of matter in smell, and consistence, and colour, resembling a rotten-Egge; after which he crushed out the lesse digested matter, which resembled the Braines of any Creature: which being done, he stroked the place gently, and the flux of blood, and pain (which was great by reason of his crushing it hard) presently ceased.) I saw yesterday another Woman, in whose Throat, just by the Wind pipe he launced a Wenne, and haveing crushed out the digested and indigested matter, and stopped the paine and effusion of blood by some strokes of his hand, he bad her put nothing to it but a linnen Cloth: when I saw it, the Wenne was perfectly gone, and the baggs or skinne encompassing it so shrunk up by nature, that there remained nothing but the skarre after incision. I asked him concerning Wennes, whither upon his crushing and launcing them so, they would not fill again: he answered me, No: but that Nature, as she doth in other Tu [Page 7] mours, would so shrink and contract the skinne encompassing the VVenne, that there should remaine no signe of it, no not a wrinkle, which I was apt to believe, from what I had seen. I saw a Child brought to him, whom he had stroked before, and it was much amended; but one Tumour upon the right Arme (near the Elbow) was extreamly painfull and inflamed: he Stroked it, and launced it, and crushed out all the matter, even the indigested cores; and Stroking it, the paine and inflamation ceased immediatly, not one drop of blood issuing out after that. I saw another Legge, that upon his Stroking, had very much abated the swelling: the whole Foot to the Ankle was swell'd and inflamed, many holes there were in it, but there issued little or nothing from them: he took it and crushed it extreamly bringing out much blood, and indigested matter in cores as big as nutmegs: and then stroaking it, all the paine and flux of blood ceased: but the weaknesse being habituall to the part, was not removed at that instant. I saw a Woman taken with a violent fit of the Fallingsicknesse; he came to her, and causing her breast to be opened, and chafed her Stomack with his Hand a while, presently her paroxysme abated; and he asked her whither the paine was gone; she pointed to her Throat; and indeed she seemed as if she were in danger of being strangled there: he Stroked her Throat lightly, and asked where her paine was? she poynted to her Breast; he stroked that; and then she made signes that it was returned to her Throat: whereupon he Stroked with his hand upwards her Breast and Neck, and she began to belch winde with such a vehemency, that is scarce to be [Page 8] imagined: and withall streyning as it were to vomit, she brought up some crude phlegme, with an infinity of winde, and then rose up well to her thoughts. These were the principall things I saw him do, he being then upon his departure for London: but I received from himself, and others sufficient accounts, that he had Cured almost all manner of distempers, even QuartaneAgues, and Feavours: and whosoever shall seriously consider the things he doth performe, will not finde in reason any thing to stop his Credulity.

I might now end this Letter, and leave You, & those other worthy members of the Royal Society to determine concerning these Effects, which I apprehend miraculous: but since the Freedome, You allow me with you, permits me to speak any thing, I shall, without derogating from the power of God, and with all due Veneration to so extraordinary Characters of his Goodness, propose unto You some Thoughts, which occurred to me hereupon: as confused as they are, they may administer to others some occasion of greater Enquiries.

I considered, that there was no manner of Fraud in the performances, that his Hands had no manner of Medicaments upon them, (for I smell'd to them, and handled them, and saw them wash'd more then once after some Cures, and before others,) nor was his Stroaking so violent, as that much could be attributed to the Friction.

I observed, that he used no manner of Charmes, or unlawful words; sometimes he Ejaculated a short Prayer before he cured any, and alwayes, after he had done, he bad them give God the Praise.

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I did not remember, that ever the Devil did cure any Diseases; no not when his Glory was concerned in it, as in the Magicians of Pharaoh, upon whom the Boyl was, Exod. 9.11. wherein you cannot object any particular interposition of God, any more then in the other accidents, whereby the Magicians were suffered to try their skill against Moses. I knew, the Devil went about seeking whom he might destroy; that he plagued Job with Botches: but where are the Examples of his Cures, or when did he ever do any Good, and ascribe the glory unto God?

I reflected upon the Performances of King Pyrrhus, who cured Diseases with his Finger: so did Vespasian cure two by touching them, as Tacitus and Suetonius avow: so the Kings of England, and, some years after them, the Kings of France have not been doubted generally to cure the Kings-Evill. Queen Elizabeth did, for some time, discontinue the Touching for the Kings Evil, doubting either the Success, or Lawfulnesse of that way of Curing. But She soon quitted that Fitt of Puritanisme, when the Papists defamed her, as if God had withdrawn from her the gift of Healing in that manner, because she had withdrawn her self from the Roman Church. There are some who think, that God hath bestowed upon all Kings some such Character or Gift, to shew, how particularly he is concerned for them, and differenceth them from other men; but they know it not.

From these cogitations I descended to the Alexicaci, Salutatores, or Bensedevios, of which the Roman Casuists and Physicians speak much: I must referre you [Page 10] to Delrius for your farther information; for my memory fayles me so, as I cannot give you an account of them so full as I would. They cure by Anointing with their Spittle, by breathing and stroking of the patient. Rodericus à Castro medic: polit: l. 4. c. 3. allowes of the verity of their Cures, by replying nothing to this objection in favour of them: ‘ In confirmationem adducunt experientiam & varia curationum genera mirè frequentia, & praxin quotidianam militum qui solo afflatu, osculo, aut nudi lintei applicatione sanant etiam atrocissima vulnera, qui omnes dono sanitatis in variis morbis se præditos gloriantur.’

In Turky also, and Afrique, they have persons of the like qualifications, which they boast to have received from the favour of their Prophet Mahomet. But undoubtedly God hath permitted all Religions (though not the Protestants, till now) to have their reall Miracles, that men may learne to trye Miracles by the Truth, and not the Truth by Miracles.

I considered likewise the Nephritick and Eaglestones, and several other Amulets and Periapta, whose operation is certain and undeniable: yet could not all these Considerations instruct me further in the Explanation of these Miraculous Accidents, then to conclude,

That God had bestowed upon Mr. Greatarick a peculiar Temperament, or composed his Body of some particular Ferments, the Effluvia whereof, being introduced sometimes by a light, sometimes by a violent Friction, should restore the Temperament of the Debilitated parts, re-invigorate the Bloud, and dissipate all heterogeneous Ferments out of the Bodies of the Dis [Page 11] eased, by the Eyes, Nose, Mouth, Hand, and Feet.

I place the gift of healing in the temperament or composure of his body; because I see it necessary that he Touch them, or otherwise rubbe their Eyes with his Spittle. Besides, the right Honourable the Lord Conway observed one Morning as he came into his Lordships Chamber, a smell strangely pleasant, as if it had been of sundry Flowers: and demanding of his man what sweet water he had brought into the Roome, he answered, None: whereupon his Lordship smelled on the hand of Mr Greatarick, and found the fragrancy to issue thence; and examining his Bosome, he found the like scent there also. But this is observable, but at some times, for I could observe no such scent in his Hands. Deane Rust observed his Urine to smell like Violets, though he had eat nothing that might give it that scent. Sr Amos Meredith who had been his Bedfellow, said, that in the Night he had observed the like agreeablenesse of smell in Mr Greataricks Body, at some houres.

I place it in the temperament of his Body, because I have the precedent of Ancient Miracles, and Moderne ones, wrought by the efficacy of a Corporal Touch. Besides it is evident how several Diseases are contracted that way: and why may not some benigne and wholesome effluvia be communicated in the same manner? As there are some, who are said to fascinate by their Aspect, so Rodericus à Castro Med: polit:1. 4. c. I. saith, ‘ è converso quosdam esse quorum Oculi creduntur habere vim beneficam ad res inspectas: vulgo Benzedeiros. ’ I remember the Presbyterian Assembly [Page 12] of Divines say that nothing more kindly restores decayed Nature, then the Embraces of an Abishag, of a young, spritely and Beautifull Damsell, as you may see in their large Notes upon the first Chapter of the first Book of Kings.

To explaine the nature and manner of Mr Greataricks working upon the patients for their Cure, I shall premise some things.

First, That all the Diseases and distempers Mr Greatarick meddles with, have their essence either in the masse of Blood and Spirits (or nervous Liquour) or in the particular Temperament of the parts of the Body.

Secondly, That of the Diseases and Infirmities which he meddles with, he Cures none wherein there is a decay in Nature, but onely such as wherein she seems only oppressed by some Heterogeneous Ferment, either exciting an Ebullition and paine, or Coagulating and fixing the blood and spirits. This is a confessed truth by him, he refusing still to touch the Eyes of such as their sight is quite perished: so for Eares that are Deaf upon any such accident that hath extinguished the Naturall faculty of the part. And there being the same reason for inward distempers as to their causes, his fayling as to many, and the relapse of many after a momentany amendment is to be ascribed to this cause: as I shall shew further by and by.

Thirdly, It seems to me very imaginable that there may be given by God such a Natural Crasis and Effluvia consequentiall thereunto, that the stroaking with his Hand for some space so as to communicate the Virtue [Page 13] Vertue may restore the Blood and Spirits to that vigour and strength which is naturall to them, and resuscitate the contracted imbecillity of any part. That which makes me to conceive this, is, that I observe that there are things outwardly applyed which by their opposition to particular Ferments do destroy severall Distempers, not onely inwardly taken, but outwardly applyed: as the Cramp rings and small Manati-stone the Crampe: the Nephritic-stone drives out gravel, and the Stone: Peony-roots gathered in due time, the Epilepsy: There are severall things which outwardly applyed revive oppressed Nature, not onely as Odours, but by friction, and outward application: this needs no Illustration. Having these grounds to confirme me in the manner Medicaments may operate, methinks I can as easily comprehend that there may be a Medicament (and whether that be a Man, or a Stone, or a Plant, it is all one) which may invigorate the blood and spirits so as to continue that work of Circulating, Depurating, and Sanguifying, as before the oppression they did: provided there be no essentiall distemper contracted, but that Nature be oppressed onely, not destroyed wholly, or in part: for so farre as Nature is mutilated and destroyed, the reparation of that essentiall damage is possible onely to God, or such as he hath obliged in a more eminent manner then Mr Greatarick pretends unto. This last imagination of mine cannot seem more irrationall to any man, then the Learned'st men of the last Age both Divines and Casuists, thought all sorts of Amulets: and I am sure I can bring for Mr Greataricks more Expe [Page 14] riments then all this Age can shew to justify the received Amulets, and Cataplasmes: for if I argue from visible effects, no Amulet or Periapt ever produced more evident Testimonies of its force, then Mr Greataricks hath rendered of his Efficacy. And if they go to explicate the wayes and means whereby those Amulets work; the notion I have concerning Mr Greataricks is the most facile, for I imagine no more to be in him, then a particular Temperament, or implanted Ferment, which upon his touching and stroking shall so farre invigorate the blood, spirits, and innate temperament of the part (Nature being onely oppressed) that they performe their usuall duties: This being done, it is Nature Cures the Diseases and distempers and infirmities, it is Nature makes them fly up and down the Body so as they do: they avoyd not his Hand, but his Touch and stroke so Invigorateth the parts that they reject the Heterogeneous Ferment, 'till it be outed the Body at some of those parts he is thought to stroke it out at.

Considering that our life is but a Fermentation of the Blood, nervous Liquor, and innate constitution of the parts of our Body, I conceive I have represented those hints and proofs which may render it imaginable that Mr Greataricks by his stroking may introduce an oppressed Fermentation into the Blood and Nerves, and resuscitate the oppressed Nature of the parts. I now proceed to shew that those effects which are so admired, upon the stroaking of Mr Greataricks Hand, viz: that the paines flye before his Hand, untill he drive them out at the Fingers, Mouth, Eyes, Toes, &c. are the effects of Nature invigorated, and not immediatly of his Touching.

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I saw him Stroke a man for a great and setled paine in his left Shoulder, which rendered his Arme uselesse: upon his stroking it the paine removed instantly into the end of the musculus Deltodes: being Stroked there, it returned to the Shoulder again: thence (upon a second Stroking) it flew to the Elbow, thence to his Wrist, thence to his Shoulder again; and thence to his Fingers; whence it went out upon his last stroking, so as that he moved his Arme vigorously every way. I asked Mr Greaterick about the Courses, pains, and diseases took, to go out of the Body: he told me, he could not tell what course any pain or Disease would take to go out: that the wayes of God were unsearchable: that, it was not in his power to force them any way, but that he followed them onely, and if the party could not tell where the paine was (for such are onely stroked out) he could not cure them, nor were they cured, but eased if it came not out. Of this I saw an instance in a Woman, whom the Falling sicknesse by its long continuance (joyn'd with Melancholly) had infatuated so as that being out of all Fits, she could not tell what ayled her: she falling into her Fit there, he opened her Breast and with a few strokes reduced her to her self, but she not being able to tell what was become of the paine she had felt, he could proceed no further then to remove that Paroxysme.

How Nature may cause those irregular motions of pains backward and forward shall be my next enquiry. Where bold and commanding Medicines are not made use of, it is Nature, not Physique that cures Disease: we are but Servants to Nature, to remove im [Page 16] pediments, or strengthen her that she may effect the work: upon this account it was that the Ancient Physicians were so cautious to distinguish the times of Diseases, and to instruct Practitioners what they were to do at the severall times, when to moderate the dangerous symptomes, when to Purge by Stoole or Urine: they were to attend unto Concoction, and not to meddle much before, except in case of Turgency. When they proceeded thus warily, there were severall Translations or removals of Diseases and paines (metarrhyseis kai metastasteis kai metabolai nousōn) which are now scarce observable by reason of the Minoratives, the Purges, the Vomits, and other Physique which is given, not because it is best, but because in fashion. In those times when Nature was so left to her self, I observe severall Translations or removeals of Diseases which came into my mind when I saw the effects of Mr Greataricks Stroking. Hippocrates in his Epidem: l. 6.part. 3. [sect] 34: tells us that the Gout ceaseth if a man fall into the Colique, and that fit of the Colique abates as his Gout encreaseth. Thus Nature removeth the paine. So in his Aphorismes he tells us that long Feavers Terminate in swellings and pains of the Joynts. And elsewhere, ‘That a Dysentery suppressed creates an Apostemation in the Side, Bowels, or Joynts. That swellings of the Spleen and Bowels, or inflamations thereof, frequently terminate in Joynt-aches. So Quartane-agues often Terminate in the Gout’. It were infinite to relate out of Hippocrates the Translations and removals of paine which he relates, viz. of Coughs, and Asthmas, falling into the Joynts, and Testicles: of Ulcers and [Page 17] outward distempers which have removed into the Head and Bowels. All the Prognosticks illustrate this: nor can any man be ignorant of the translations of Humours and paines from noble to ignoble parts, and from ignoble to noble ones, nor of the alteration of distempers upon such translation of the Morbifique Matter, as of Asthmas and Coughs turning to the Gout, or Tumour of the Testicles: of Agues turning into pains in the Joynts; of Feavours ending in a Parotis, or other abscessus. Not to mention the vagrant nature of Humours in the beginning of Diseases, when they are Turgent, and continually vary their station.

These Considerations made me think that God had been pleased to bestow upon Mr Greataricks such a Complexion and Temperament, that his Touch or Stroking should instantly maturate Diseases, or render them Turgent, whereupon the part touched being strengthned, and the blood and spirits Invigorated, the Heterogeneous Ferment or paine (which if not occasioned by some evident and externall cause, is caus'd by an Heterogeneous Ferment) is expelled from the corroborated place to some other more weake: that being corroborated, it is driven upon another, and so on, till it be quite ejected. If the Disease be such as lies in nothing but a Dyscrasy of the part, it is cured without any such removeall of paine: and so for such Coagulations of the Nervous liquor (as in Palsyes, &c.) there is no such removeall of paine and pursuing it: either because they are not Dolorifique, or that they Transpire in the part.

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There remaine yet two things to be debated, viz: 1. How comes it to passe that these Heterogeneous Ferments removing thus by the force of Resuscitated Nature, do not terminate in Apostemes, or issue out in some grosse Body; but go out in a vapour and invisibly? 2. How comes all this to happen in so short a time?

To the first I answer; That it is not unusuall for Nature to discharge her self of Heterogeneous Ferments by insensible Transpiration, as well as Apostemes, Sweat, Diarrhæa, and Urine: so the Mesels are cured: so many Crude and hard Tumours: and in this Plague few swellings broke, yet were they cured. Nor is it to be said, that the matter occasioning those Tumours was discussed so as to be reimbibed in the blood againe: for in the Plague the recurses of the Pestilentiall Ferment are Mortall: and such as took Powders and Antidotes gently promoting a Diaphoresis, (not sweat) escaped: they who did not, dyed with those Bubones. It is an effect of prejudice occasioned by the contemplation of the usuall effects of Nature, and not of Reason, to imagine that the Morbifique cause consists in a grosse Body, because it is often evacuated so: It is usuall for those subtile Ferments so to commix themselves, and to occasion that transposition of Parts and Texture, that Nature cannot eject the one without the expense of the other. Thus we see that Beer or Ale in its Fermentation or Working casts out aboundance of Barme, yet is not that Body the Ferment, but it is implicated and incorporated therewith, for with it there [Page 19] issues out aboundance of Beare, so that the Brewers either pover the same, or new in again to fill up the Barrel. If the same Ferment be precipitated by Vineger, or Allome, there is not the like diminution. So Kergerus saith, that in Germany they put common Salt, or cold Water into their Bear, and precipitating the Ferment make it potable presently. [Note: Kerger. de ferment. sect. 2. c. 8. p. 139.] Many such instances are to be found in Dr VVillis and Kerger; which sufficiently evince that the Ferment is distinct from the grosse Body it comes out in. So in Diseases, however some have vainly imagined to themselves a maturation of them, and that the Morbifique matter being concocted issued out in that white Hypostasis at the end of Diseases; yet is it no such thing, nor is there any such concoction in Nature as they phansy: but the Morbifique matter or Ferment, being intimately commixed with some good and profitable parts of the Blood and Humours, is ejected together with them, according to the nature of the Eumuctory, by which the Crisis or Metastasis is made, or the nature of the Bodies constituting that humour. Nature dealing therein just as she does in the Fermentation of Beer and Wine, in the aforesaid Kerger, and Dr VVillis: whence proceed their wayes of curing Agues by Precipitation of the Morbifique Ferment, without any such Evacuations of grosse Bodies. This Paradox appeares further by the several Crises of Diseases, sometimes by Vomit, sometimes by Stoole, sometimes by bleeding at the Nose, and Sweat. In all which circumstances the Urine shew one sort of Concoction, whilst the Morbifique Ferment issues out severall wayes in severall Bodies. Nor is it [Page 20] to be doubted I think that all grosse bodyed Ferments have their Virtue and efficacy from a subtile Body which is no more in that grosse Body, then the Spirit of Sugar is in Sugar: of which See Angelus Sala's Saccharologia: many other instances might be given, as that, if the grand Ferment were a grosse Body, how comes it to evaporate (as I have seen in the Distillation of Sugar, Sugar-cance-juyce, and other Liquors Fermented for Spirits) without any diminution of the Liquors? From all which it appears that one may conceive how upon the efficacious Touch of Mr Greataricks, he resuscitating the Blood and innate Temperament, the Morbifique Ferment may be ejected; and the remaining grosse Body, by a Transposition of its Texture and a new impregnation of Vitality be reimbibed into the Blood, and become nutritious. Thus he cures Asthmas, all the obstructions from impacted phlegme in the Lungs being discharged, and the phlegme Naturalised. But if the grosse body of the Morbifique matter be Incorrigible and Preternaturall, then the efficacy of his Touch doth not discusse them, but the strengthning the part and Nature, the whole collection is separated and ripened, as I observed: which appears in Wenns, and scrophulous Tumours, some whereof he maturates, and others are discussed.

To the second Question, how all this happens in so short a time? I answer, that it is the efficacy of the Ferment implanted in Mr Greataricks Body. We are not to deny powerfull causes proportionate effects. We are all Indians and Salvages in what we have not accustomed our senses: what was Conjuring in the [Page 21] last Age, is Mathematiques in this. And if we do but consider the sole effects of Gun-powder, as it is severally to be used, and revolve with our selves what we would have thought if we had been told those Prodigies, and not seen of them; will we think it strange if men think the actions of extraordinary Ferments impossible? Here I might instance in the effects of Poysons, from Macastar, and Brasil: but the acts of sensation, of paine, sufficiently shew the effects of suddain causes: that Lipothymies and shivering should happen upon a fright, a touch of cold Water, or a pinch: that Tumours should in an instant imbody to a great bulke: that in such as are Planet-struck (or said to be so) all or any of their Limbs should be taken away: these are such events (that if we could not alleadge Amulets and outward applications to produce a suddain alteration for the better) would make it seem credible that there may be as powerfull means for mans Recovery, as his Sicknesse. I forbear to mention the suddain effects of Sleep and Waking, Freezing and Thawing: or of Heat and Cold; all which would illustrate the suddaine and powerfull motions of Nature.

SIR,

I shall now draw to a Conclusion, having given you by these impertinencies a greater trouble, then my self in Writing them: I knew not how to entertain my self better, nor you worse: But I am sure that the suppositions I have made agree exactly with the Phænomena of Mr Greataricks Cures. And from hence it is easy to judge why some are not Cured; others finde [Page 22] but a momentany alleviation, and some are perfectly recovered. All which are undeniably true: let any man salve these accidents more agreeably then I have done, ‘ Et Phyllida solus habeto’.

It is worth consideration, Whether such as come unto him ought not first to advise with a discreet Physician, what their Distempers are, and where Originally seated; the better to direct him in his Stroking. For it is not unusual for the Disease to be seated in one place, and to discover it self in another by the Symptomes, in regard to which they have recourse to him only: for in such cases, if they have no better successe then such have who meet with ignorant Physicians, that go about to cure Symptomes without regard to the principall cause, it is no marvaile if they are not Cured. Thus I have observed some, who upon a giddinesse, and qualmes of the Stomack, occasioned by Hystericall vapours, have been stroked by him severall times (without any, or inconsiderable benefit) in the parts sensibly affected. So in the Kings-evil, I have observed some that have received onely a momentany advantage; onely because that such Diseases affect the Mesentery with glandulous Tumours, as well as the outward parts: and if the whole Morbifique Ferment be not expelled, the Disease recurres: ‘ paululum fermenti totam massam fermentat ’. [Note: Valles: Method. Med. l. 3. c. 3.] Another thing to be considered by the Patient to be stroked, is, that there may be a complication of Diseases, in which the Cure of one may be impeded by another: as in the Spleen and Scurvey, [Page 23] Eugalenus and others observe: so in Sore-eyes occasioned by the Evill; or a suffusion proceeding from an Acid or Nidorous quality in the Stomack: and many Diseases whereto Malignancy is joyned. In these cases the Heterogeneous Ferments may be united in a looser way, and upon his Touch separate, and whilst the one is driven out, the other may remaine in the Body, and by unloosing the Texture of the Body of the blood, and other Humours, give opportunity for more formæ subjugatæ (of the same kind with the former) to discover themselves. In like manner, it is possible that where the Morbifique Ferment is not sufficiently united and imbodyed, so as that one part ejected by way of Similar Attraction (I confesse I must favour that Phylosophy, from the Phenomena of Physique and Nature too) his Touch may disunite those incoherent Corpuscles, and the patient not regarding the smaller and scarce sensible paines (the which depends upon the parts and Humours the Ferment incorporates with) may direct him to pursue the most afflicting paine (which may not be the greatest) whilest the other remaines in the Body, and afterwards occasions the same distemper: or perhaps another whose paines may so resemble the former, that we may take it for the same: as our senses discerne not betwixt the Salt of one Plant and another, or betwixt the cauteriseing with Iron, or Gold; but there is a difference herein, which by effects a diligent and curious observer may discover. Concerning these intimations I discoursed with Mr Greataricks, who seemed well satisfyed with them; and did thereunto willingly ascribe severall miscarriages and Faylours. [Page 24]

Another thing I proposed unto him, was, whether after that he had touched severall persons, and diminished the Preternaturall Ferment, or diverted it, (and put the Humours into a Turgency) whether it might not be convenient to Vomit, Purge, and take those courses Physique directs us unto. And from this he was so little averse, that in my hearing he recommended to a Gentlewoman the taking some Cochiæ Pills, after he had touch'd her Eyes. I asked also if after he had dissipated and repelled a setled Humour, it might not be convenient to corroborate the Part with Topicks; which he approved of, and though but to few, I saw him give Eye-salve to some Patients. You know what pains wee Physicians take in Revulsions and Derivations of the Humours Morbifique from severall Parts: and do not you think a great part of our work were done, could Mr Greaterick's miraculous Touch remove (or put into motion) those Humours we cannot repel, or stirre? Let us, Sir, be just and ingenious; and confesse that this Antichrist of Physicians may be of the greatest service to them in the World, if they preferre the recovery of their Patients before their Credit, or Rules of Art. Rara non sunt artis. You have observed how great things Nature does, when alleviated; and the effects of that principle of Restitution, when the prohibiting causes are removed.

As to the allaying of paines after crushing of sores, or bruises: and the miraculous stanching of Blood: I think both them depend upon the restauration of the Temperament of the part and Blood: As to pains [Page 25] it is easy to grant this. And as to the effusion of Blood, you know there is a Balsame in it which heales it self: to illustrate which, I recommend to you a Note of Platerus in his Observations (I want my Library) how an Hangman of Basil cut off mens Hands, and stopped the Bleeding of the Veines and Arteries by slitting the Arse of an Hen, and thrusting the Hand into it. If this do not convince you, the Discourses of Sympathetique Cures may do it: especially an Observation of Panarolus, may convince you that such steemes (as vapours) may effect it; which is the reason why I assigne not one Ferment to him, but think there may be more: which yet may not produce their effects in every case, nor exert their influences in all cases no more then the Menstruum upon a disagreable occasion produce all its effects. This needs not to be illustrated to you.

I think I have now rendered you a tolerable account of this Miraculous man, of whom I dare make that Proclamation which a Roman Emperour did upon the occasion of the Ludi seculares, or sports celebrated once in an hundred years. Come, and behold, what no man living hath seen, or shall see again. I would not be understood to derogate from this miraculous Gift; nor yet ascribe more unto it, then I ought, lest I should hear the reprehension in Job; ‘Will you tell a lye for God?’

There are a sort of men (if they were onely Women, it were tolerable!) that think it not lawfull to have recourse unto his Cures. Though I have already too much cause not to entermeddle with Divinity, [Page 26] or cases of Conscience any more, yet I cannot but take notice of their Principall Objection: for to say that Miracles are ceased is a groundlesse folly, if not a disingenuous impudence in giving the Lye to several Histories of various Religions.

They say, Whatsoever is not of Faith is Sinne: that it being impossible for them to be convinced, that this man works by the immediate gift of God; they cannot repaire to him lest they be found to repaire to a delusion of the Devil. But I reply; That the principle of doing nothing that is not of Faith, is sufficiently invalidated by Mr Hooker in his Church-Policy: and it is a Principle hath occasioned so much of Troubles in our State, that I wonder it is not layd aside. In Moral Philosophy (which is not established on demonstrations) and Physique I am sure it will put us all to confusion; for who knowes the efficacy of things Naturall? how Purges and Vomits &c. do worke? Nay, who knowes whether second causes have any effect, but that God doth operate ‘ ad præsentiam causarum secundarum ’? as the admirable Durandus held. And may not the Divel do so? How shall this be reduced to Faith? I am sure, and have seen things ascribed to the Divel, that it is now confessed have another Originall. Did all that came to Christ, believe in him? you know the story of the tenne Lepers: if to come to Christ, were not to believe in him further then that they thought he could Cure, since they saw him Cure, how is it in Mr Greataricks? The thing they come for, is good; such as may be begged of God: there is nothing evidently unlawful practised about them: where is their [Page 27] Charity, that thinks no Evil? where is their Divinity, that think a good and perfect work should come elsewhere then from Heaven? If the case be not to be tolerated, because not ordinary: as there is but one Mr Greatericks, so there is but one Sunne. To be extraordinary, hinders it not from being consistent with Faith; but to be unlawfull, or absolutely impossible: as to impossibilities, we know not what is impossible with God, or Nature. And for the unlawfulnesse thereof, let Mr Greatarick's works bear witnesse of him. If he doth the things that never man did, except Christ and the Apostles &c. judge what we are to think.

I conclude with this Apology for my recommending some Physicall directions after his Stroaking: that it takes not off from the Miracle, no more then that God gave the gift of Tongues to the Apostles, yet needed they Rhetoricall instructions to imbellish their Language. St Paul was balbus sermone: and you know that the polite style of St Luke evinces the imperfections of the Language in the other Writers of the NewTestament; as Isaiah disgraceth Amos in the Old. All things are not given to all men in perfection: but the gifts that are given to every man, are given them to profit with. I begge your pardon for the tediousnesse as well as rudenesse of these lines; since by them I expresse my self to be

Stratford upon Avon
Feb: 18. 1665.

Your affectionate humble-servant
HEN: STUBBE:

[Page [i]] [Page [ii]]

Table of contents

• ERRATA Corrigenda.
• To the Honourable Edward Deering, of London Esq; His Majesties Merchant, and Receiver General of his Majesties Revenues in the Counties of Kent, Essex, Surrey &c.

• On the Death of so many Eminent Astrologers, and Mathematicians; and particularly on the Expiration of Mr. Vincent Wing.
• Advertisement.

[...]

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

MR. Vincent Wing was born at North Luffenham in the County of Rutland, in the Year of our Lord 1619. on the Ninth Day of April, at Five Hours Forty-Eight Minutes P.M. or Afternoon. He was a branch of an honest and virtuous stock: as proceeding from Parents rather good, than great; who, with their Ancestors have been long seated in the said Town of Luffenham, en [Page 2] joying a greater blessing in their continued and setled condition, than many others in the Multitude of Riches: [Note:

Mr. Wing's Ancestors 1st came out of Wales, and settled at great Panton neer Grantham in Lincolnshire, and neer 100. Yeares since Planted themselves in North Luffenham, and as I have it ascertain'd me from an honorable hand, there have bin of them in that place three Generations successively, with himself.

It frequently happens that far greater Families oftner change their Seats; & somtimes, (in much shorter space) do also lose their Names.

] A fixed Habitation, being even the mightiest Mercy that Fortune can bestow upon Mortality; and so characterized by GOD Himself to Moses in the Mount. Whereas a wandring or erratique condition, or course of life, either in Persons or Families, is, not only a reproach, but a Curse to them that undergo it, and their future Generations. And this Cain in the beginning of time, and the Jewes since the Death of our Saviour have, by a long, and miserable experience, found certain and true. But Mr. Wing's Family, hath been happy above many other Families, in the inheriting so peculiar a blessing; and yet not more fortunate therein, than in the bringing forth this their ingenious and industrious Son: Who, from his own merit and endeavours, (with God's blessings thereupon) hath, not only preserved, but much augmented the Reputation of his deserving Predecessors; and so firmly planted his Name and Memory there, leaving to his Posterity, an Estate and Fortune considerable to support and maintain it, should their after endeavours be wanting thereunto; of which, I am (credibly) informed, there is at present no just cause to doubt.

Yet let the ingenious Reader know, that I have no dis-respect for the Muses, or for such, whose happy Fate it is, to suck at the sacred Brests of Minerva; as having the Schools of Learning in Adoration, and ever bearing a high honour and value for all those that derive Science from them: And could heartily wish that our English Universities were so happy, as to Nurse and Foster [Note: And I could wish also, that such whose inclinations bend to learning, might be but so happy as not to miss an Academical Education.] only such, whose Genitures render them capable of Learning what they always prudently teach; those being the most probable of making returns of Gratitude unto them, and of sounding forth to the World their deserved Honour and Fame. How many are there that be constantly Educated in Schools of Good Literature, that for want of a Genious to cope with, and conquer Science, become rather the Scorn than Honour of Learning? Of every Wood a Mercury [Note: Ex quolibet Ligno non fit Mercurius.] cannot be made. If the Flint have no Fire in it naturally, in vain is the Steel applyed unto it, in hopes of procuring any. Schools of Learning being like unto skilful Lapidaries, who polish the Diamonds of our minds, and understandings; and set a radiant lustre upon them, although we bring them thither rugged and mishapen: (and thither we must bring them, or go without our errand.) [Page 5] And indeed, Men must have peculiar Stars for the attaining such a peculiar Favour and blessing from the Hand of God and Nature: And being so furnish'd, will in time appear, and shew themselves, and Dart forth their Native Splendor, (like our Mr. Wing) although they should want the Embellishes and Polishes of Education. (yet I say not all out so happily!) And if this our deceased Friend were so eminently successful and deserving without them, and shined in his Generation above and beyond so many, that had the enjoyment of such adorning acquisitions; What would He have done, and how spreading would His Fame have been, if His so rare Natural Parts had met in Conjunction with them?

[Page 7]

The Sun alone is Hylech, or Propagator vitæ, the Geniture being Diurnal, and he in an Aphetical place. [Note: Omar de Nativit. Lib. 2. Cap: 3. &c. Firmic. Lib. 2. Fol. 57. ad Mavort. ] And (being just entring Taurus) we may admit Venus the Alchocoden, or giver of Years: Or should we (in respect of the Moon's being so powerful in the Figure) admit her a sharer in the designing of Life, (which is not altogether unreasonable, but agreeable to the Opinions of Omar and Firmicus,) then will Jupiter be Alchocoden; which is in effect the same; for both their mean Years are Forty-five, and more they cannot give of themselves in this Nativity; because one of them is oppressed by Saturn's Quadrate, and the other by Mars his Opposition: and although Mr. Wing lived beyond these, Four Years at the least, that is to be attributed to the strength of his Nativity in general, and not to his Alchocoden; which could not preserve him above the aforesaid number of Years for the Reasons before remembred.

Saturn is the Anareta, or the Destroyer of Life in this Geniture; as being, First, Locally placed in the Eighth House; Secondly, As afflicting the Lady of the Horoscope; Thirdly, As he is Lord of the Fourth House, which Astrologically signifieth the Grave; Fourthly, As he is a Planet inimical to Nature. And accordingly when the [Page 9] Sun or Hylech was directed to his Conjunction or Body, Mr. Wing dyed.

And so I come to consider of the Nativity it self, and to compare it with the Actions, Dispositions and Inclinations of the deceased Person to whom it appertained.

Herein you see that Signum Justitiæ, or the Cœlestial Ballance is ascending the Horoscope, and the Royal fixed Star, mikros kontaratos, or the Virgins Spike ariseth therewith: [Note:

&c. Prol. Cent. Aphor. 29.] plainly demonstrating Mr. Wing (according to the Rules of Astrology) to be born for an honourable end and purpose; and to do great and worthy things in his Generation; which he hath not failed to perform: thereby eminently justifying the influences of those Stars, that (Sub Deo) have honoured him at his intrat into this World. [Note: Ptol. Parv. p. 131.] The benigne Planet Venus is Governess of the Horoscope, and posited in her exaltation, in Trine of the Moon, and in a noble receptionof Luna and Jupiter: all, of most admirable import and signification, as every understanding Astrologer knows. And agreeable hereunto, Mr. Wing, as he was honoured equally with many above his degree, so he merited such respect; being a Man [Note: Argol. p. 42.] of a very just and pious frame and temper; generally even humored: at sometimes he would admit of facetiousness without scandal, affability without injury; [Note: Argol. 116. p.] and did a little delight in a free and harmless conversation; being neither too austere on the one hand, or too vain and fruitless on the [Page 10] other. But (like his Horoscope) was equally poiz'd between both, and yielded to neither extream. He was scarcely known to envy any man, (and do you not see that Mars is the weakest Planet in the Scheame?) as it he had wanted Choler to awaken Revenge, or to create a passion:) but, on the contrary, was kind respective and obliging to all men: even to his enemies, (as the Holy Rule enjoyns) if they were not, beyond the line of reason, malicious and provoking. He was nothing ambitious or insulting, but rather meek and humble, and always apt to depreciate himself. [Note: All Rutlandshire, Northamptonshire, and the Countreys round about, give this general good & commendable Character of him; as any that pleases, may more particularly inform themselves from any of the Gentry of those Countreys, as my self have done before the writing hereof, because I would publish nothing but truth concerning him.] He was never distrustful or suspicious of others, because free from the taint of those qualities himself, and always virtuous, and true hearted. These are the natural significations of such happy and Heaven-favouring Positions, together with their genuine verifications. And the better to enforce and make good all this that we have said, (and more) it is observable that the Noble Trine of the Moon and Venus, &c. before spoken of, is made from those two Planets greatest dignities, Viz. that of Astrologers called House and Exaltation; which gave Mr. Wing a more curious frame of Soul, and a better opportunity and means to shew the excellency, integrity, activity, and evenness thereof, than if so glorious an Aspect had proceeded from weaker parts of the Heavens: I mean, from such parts or places wherein those Planets had less delighted, or had been more meanly and [Page 11] poorly dignified. Thus we see by experience, that the Dignities of the Planets are no vain and idle things; and that we ought to esteem more of them, than of Chimera's, or Castles in the Aire. I could produce a great many parallel instances, but this is so certain and undoubted a truth, that it needs not.

He was a Person of a very ready, ripe and pregnant wit; and had good judgment and memory thereunto annexed: [The want of the later of which was a defect, that the learned Doctor Hammond exceedingly bewailed in himself, saying, that it was easier for him to Pen twenty Sermons, than to get one by heart.] What Mr. Wing read was his own; and thence he began to be a Mathematician [Note:

Ptol. parv. p. 34. Firmicus. Lib. 8. Cap. 21.] in his younger years, being capable of understanding all the parts of Arithmetique, of the several ways used in Surveying Land, Measuring all sorts of heights and distances, &c. As also of making all kinds of Dyals, with many other neat and commendable acquirements, by that time he was but Eighteen Years of Age; as I have often heard Himself, as well as others report. So that in a sence, it may be said of him, as it was of the Holy St. Remigius, and the great Doctor S. Thomas Aquinas, That [Page 13] from the time of his first capacity of Learning, he out stripped those that were much his Superiours in Age, and (I may justly add) in Education also.

And truly, he had need be naturally ingenious, that attempts such lofty, crabbed, coy, and difficult studies at any time, much more in his Juvenile Years: When the Feather of Youth is high and spreading, and principally waves us to vanities; seldome suffering our inclinations to reach after serious or weighty things; they being as contrary thereunto, as Blood to Melancholy, Heat to Cold, Winter to Summer, &c. But this Mr. Wing was born [Note: Astrologus nascitur, non fit. < - ] to prove the Influences of the Stars certain and true; and by an apt demonstration in himself to shew us, That the God of Stars is not tyed to the meaner methods and observations of Men, or to his own ordinary way of working; but pursues the Rules of his own good will and pleasure, varying from his common course, how, and when, and as oft as he pleaseth. Thus he can satisfie the stomach (beyond Man's reason) without food; the Thirst without Wine; and feed our intellectuals also (if he vouchsafe it) without instruction of Books or Letters. [Note: matth. cap. 15. vers. 36,37. 1 Cor cap. 1. vers. 25,26.] 'Tis his Prerogative peculiar, to make strong things of weak, and excellent things, of things contemptible and despised; an Age in Youth; and contrariwise, a Childishness in elder years; and by this his foolishness, sometimes to amaze, othertimes to destroy, the wisdom of Men. Thus, to [Page 14] declare his Omnipotence, he is pleased to raise Ventidius, (though of a very low and mean extraction) to the greatest honour and dignity in Rome: [Note:

Arg. p. 134.] And to make Cicero (whose Parentage, or Original, if story (sic) may be credited, was scarce known) Pater Patriæ, the Father of his Country. And thus by God's especial favour and benignity, is Mr. Wing raised, from an indifferent degree and quality, to be a Reputation to his Country, and a promoter of the severer Sciences. [Note: Ptol. par. p. 133.] And from them, to an equal honour (for indeed He hath taken more than equal pains) with the admirable and ingenious Kepler; with the ever celebrated Alphonsus, with the renowned Ticho Brahe; with the immortal and ever glorious Julius Cæsar! with all which illustrious and famous Persons, his Name and Memory will for ever shine in the treasury and bibliotheck of Fame; [Note: Ptol. par. 131.] for his indefatigable and admired Industry, Acquisitions and Performances in all Mathematical, and Astrological Learning. [Note: (I am sure it is neer it) Argol. p. 132. ]

To fit him with a Soul for these illustrious enquiries (for such they are) he had, in his Nativity, a noble reception of Mars and Mercury, (and Mercury swift in motion) and this by the dignity of house of the <it>House</it> (sic) , Viz. the greatest that can be: [Note: [mercury]. Motu velex facit expeditos in inventionibus & rationibus.] and such that Astrologers generally account equivalent to a Sextile or Trine Aspect of them: and the Moon (which is the Conveyer of all the other Planets influxes to this our Terrene Star) is hastning to an Aspect of them both. [Note:

pag. 137.] Which [Page 15] (in an Astrological sence) forceth the imagination, fancy and ingenuity of a Person (pardon the expression, for it is very true,) that is so born, beyond the common rate of exertion, and ripens the mind (with all its faculties) in so celerous and active a manner, that it affordeth a Harvest of Wit and Judgment in such Men, before there will be an appearence of a Spring in others, that shall unfortunately want these forwarding Configurations. And thus it cometh to pass, that some Persons are so prodigiously, and to a Miracle illuminate, and afford great Crops of Art and Learning, before others of more tenebrous and Cloudy souls, can put forth either Leaf or Blossome.

[Note: - >] By this we are instructed how God Almighty in his wisdome hath suited and proportioned all inferiour actions, Persons and things, to the motions and configurations of the Heavenly Bodies: and how much it makes for the honour of his Majesty, that all temporary productions are ordered and disposed of, by this Cœlestial Clock-work Clork-work (sic) ; as it hath pleased him to appoint and ordain at the first.

From this happy reception of Mars and Mercury, together with the Moon's configurations with them, (of which before you have heard) It is observable, That Mr. Wing was, not only [Page 17] capable of knowledge and understanding, &c. but was therein very communicative and diffusive. He hated to hide his Talent in a Napkin; or covetously to cloyster up that Science which He so happily (above many thousands of others) had attained unto, and was blessed with all. [Note: Math. 25. & 25 (sic).] He was freely willing and ready to impart any thing (let it be never so curious and choice a secret) to any ingenious Person or Son of Urania; and hath often publickly professed, that it was his great discontent and trouble, if at any time in his writings he thought he had not been plain, even to the meanest, or most ordinary, or costive understanding.

And (to go a little further in this Argument.) these configurations did, not only give him a great love unto, and a delight in knowledge, but a strength of mind, and ability of Body for the same. Thus was he fitted for travelling thorow the most crooked and crucifying parts of Astronomy, &c. As those, of the restoring the (most hard to be found) places of the two most Critical Planets in the Heavens, Mars and [Note: See his excellent Tables (in his Astronomia Instaurata, and Harmonicon Cœleste ,) of those Planets motions: As also his Astronomia Britanica , lately published.] Mercury.

He had (in all respects) an active Geniture: and accordingly hated slothfulness and idleness with a perfect hatred; accounting it a shame and error for any Man to foster or cherish such contemptible issue: or to think that he was created, or brought forth into the World for so despised and inglorious an end. And was therefore so frugal of his time, (like the Thuscan Philoso [Page 18] phers, that thought the loss of a Day irreparable;) as, not only, not to mis-employ or mispend any the smallest part or portion thereof, (after he was of capable and understanding Years,) but very prudently and advantagiously, to improve every little Minute; making his Books his recreations, and his severer and wasting studies, his Pleasures.

If he were of any thing covetous, it was of knowledge: being indeed scarcely ever satisfied therewith; making it his business to frequent the Company [Note: And of this I have had the happiness, of being more than once or twice, a witness.] of the most learned and excellent Men when he came to London at any time, and so to spend his time; whereas others generally turn such journeys into pleasure and recreation: And truly so did Mr. Wing too. For such converse was his soul-satisfying delight; his Mind being principally placed upon such a felicity. Thus did Mr. Wing constantly (both abroad and at home) labour after the discovery of the most mysterious things in Astrologie, Geometry, Algebra, Trigonometry, and all other parts of Mathematical Learning.

But Mr. Wing did not labour after this toylsome manner, (Churl-like) only to satisfie and please himself, but to profit and advantage others. And to this purpose, after his many years painful labours, and a consuming of himself in study and business; he hath published to the World these several Books following.

[Page 19]

• 1. His Urania Practica, or Practical Astronomy.
• 2. Harmonicon Cœleste, or the Harmony of the Visible World.
• 3. Astronomia Instaurata, in four parts.
• 4. Ephemerides of the Cœlestial motions for 20. Years; with an excellent Introduction to the knowledge of all Mundane Alterations.
• 5. An ingenious Treatise of Surveying.
• 6. Examen Astronomiæ Carolinæ, in his own Defence.
• 7. Astronomia Britannica, written in Latine, now in the Press, and almost ready to be published.
• 8. Computatio Catholica; an excellent Treatise, now almost (also) ready to be published: Besides his Annual Labours, which always tended to the utility of the ingenious Astrologers, and Mathematicians.

In which Pieces of Astronomy, he hath most facilely solved, the (not very easily solved) Phænomena of the Heavens; and so plainly proved the motion of the Earth to be an apparent Physical truth, that the very Soul of Copernicus, (the first Inventer of that Opinion, as to this later part of the World,) by a happy Metempsychosis, seems to have enlightned Him to the Demonstration thereof: [Note: Mr. Wing the Reviver, and Defender of the motion of the Earth in these later Times.] and this by such unerring Axioms, and most conspicuous verities, that the (long embra [Page 20] ced) contrary Opinions, with all the insoluble systems thereunto belonging, are quite out of Doors, and scarce so much as though of now, (much less with pristine earnestness defended) by any of the most able Astronomers of this Age. So that, had the unfortunate Bishop of Ratisbone, but lived in our more transparent and knowing times, he had never dyed a Martyr for so sure and sound a Truth. [Note: - >] Nay, had Saint Augustine been contemporary with Mr. Wing, his doubt about Antipodes had been fully resolv'd. May we not now (without vanity) aver, that He was the Restorer of Astronomy to this later Age: And not only so, but that he was so happy in his attempts of that kind, that he did nothing without success? Nay, I conceive I may (without offence) urge it, since others, (far more competent Judges of his surpassing abilities than my self) have done it before me. ---- That Mr. Wing hath performed more in, and toward the rectification and perfection of the Cœlestial Motions, than all the ingenious Mathematical heads in both Universities have of late Years done; and for the same was honoured, and had in eminent esteem with most of the best learned in this our British Nation.

Among the many observables in Mr. Wing, this we may not omit in his Praise, and to his Eternal Honour let it be remembred: ------- That He was always a Loyal Person and good Subject, and in the worst of times, when it was esteemed a [Page 21] Crime to be obedient to a lawful Prince and Sovereign, and so much the fashion to be Anarchical and Rebellious; Mr. Wing was so conscientiously just, as always to own his Allegiance: accounting it far better to perform a vow made to God on the behalf of his Prince, than nimbly and unchristianly to swallow Perjury: (a Sin the very Heathen would disdain and protest against!) and although the times he was necessitated to live in, afforded him many great and unhappy examples to that unloyal and ungodly purpose, yet, he still continued his integrity and duty; as well knowing, that Treason against our Sovereign, is equal to Sacrilege against our Saviour. [Note: Videhis many Almanacks wrote in the times of our late Rebellion: when he might have sided against his Sovereign with applause, and gain; as well as some other Almanack-writers; but you find (by them) he was too Loyal for such degenerous & impious actions, or practices.]

Indeed, Mr. Wing, had, not only a just and Loyal Heart, but a good and Loyal Nativity to shew and to signify it. There was when he was born, in the Heavens a happy Trine between the Lady of the Ascendent and Governess of the Medium Cæli. We know it is as Natural for some Persons to be repugnant and opposite to Government, and to their Prince or Governor, as for some Children or Servants, to be disobedient or rebellious to their Parents or Masters. The reason whereof, is (perhaps) a secret in Astrologie, and scarce known to the best of Artists. It may be worthy thanks to divulge it; and it is this. ----- [Note: < - Nota bene .] That, as the gentle and amicable Rayes between the Lords of the Medium Cæli and Horoscope, make loyal and dutiful Persons or Subjects, so their unfriendly beames to each other, create [Page 22] Rebels, Incendiaries, and unloyal Persons. The ingenious Genethliacal Astrologer may spare me the trouble of Instances, he can easily prove the truth hereof himself.

Albeit, Mr. Wing was a Man of such admirable parts as you have heard, yet he was the least admirer of his own abilities of any Man in the World; but still industrious to improve them. His desire was so strong after study, that he even neglected himself for it's sake, and for the great contentment he took therein. And though his attainments were great, yet was he known more to lament and bemoan his defects, and imperfections, than any way to boast of his skill. He was no way Ostentatious, but on the contrary, very humble; and had nothing of the Pharisaical temper or humour, but like the Laden Ear in Harvest, still bent his head downward; and (with the Peacock) more often look'd upon his Feet, than his Plumes: being ever observed in all company, to give unto others the precedence, or right hand, which perhaps did not inherit the hundreth part of his understanding and knowledge.

But now, although he was of so self-denying a temper and disposition, and never apt to begin quarrels or contentions with any Man; yet hath it been his fortune (against his inclination) to be engaged in differences: he having been (by some ambitious and troublesome Persons) publickly abused in Print: by two especially, [Page 23] who have, (after their heaping upon him undeserved reproaches,) in an impudent and shameless manner, made use of his works, to dress and furnish out their own; and this without crying Peccavi, or seeking of a reconciliation from him. To signifie [Note:

Argol.] which hard measure from his (unexpected, as well as undeserved) Antagonists, he hath, in his Nativity, Mars (an angry Planet) Lord of his Seventh House, posited in Virgo, Retrograde in the Twelfth Angle, which hath signification of scandal and detraction, &c. And the Moon, Cum cauda Draconis ; and in Quadrate of Mercury in the Seventh House; a place denoting publick Adversaries, strifes and contentions, &c. apt and proper Arguments hereof, as any Astrologer must needs understand and acknowledge. More plain and speaking testimonies of the Malice of Enemies, cannot in any Nativity be found: as if Mr. Wing had been born into the World on purpose (in matters of controversie) to encounter Men of brutish Principles and Conditions.

Howbeit, it is eminently known, that Mr. Wing was of courage sufficient, and capable for to resent an injury; and would (upon any good occasion) be so just to himself, (and to the truths that the World was made partaker of, by his happy Pen and Pains;) as to give his Enemies to understand he did not wear his Soul without him; [Note: < - ] (Who ever did, that had the grand significators of his Nativity strong?) but could easi [Page 24] ly vindicate himself from their causless cavils, and scomma's, and their want of ingenuity and charity towards him. [Note: Seneca saith that a man hath so much wit, as he hath anger. And St. Paul alloweth of anger; so that it be limited, and not transported with a desire of revenge. Ephes. 4.] And when (beyond reason) provoked, he did accordingly, (with a spirit of soberness) reply unto those his Antagonists; who were so bold and daring to attempt the lessening of his unblemish'd Fame and Reputation, to (do that which was indeed impossible, and therefore I spare their Names;) make way thereby for the advancement of their own. He also hath the Virgins Spike ascending, and the Moon with the Stars of Apollo: and could not (from thence) but have a great Spirit, and be readily apprehensive, though not revengeful of injuries: And would therefore (in cases of difference) only endeavour to acquit himself, but not calumniate his adversaries. And therefore we may say of him, as it was of another in a like case, Non silet, & silet: He might be said to be silent and passive toward his Enemies in respect of revenge, but not in regard of reproof. And surely herein he is no more to be censured, than the harmless Worm for turning again, when it is most churlishly and injuriously trod on.

Nor was Mr. Wing singular, or alone, in partaking of the malice of Enemies, or of being unworthily traduced. Mr. Wing's Saviour (who had the same [Note: Vide, Cardan, in Coment. Ptol. Morinu:, in Astrol. Gallica. Gregor:, in Notes on Scripture. Card. Aliac. &c] Ascendent with him) was so served before him. The brightest Sun attracts the basest and most envious exhalations. The great [Page 25] Hippocrates had a Thessalus to oppose him; and Divine Homer met with a Momus and Zoilus. And we know, that there are as many Nebulous and Cloudy-Starrs in the eighth English (sic) Sphear, as there be Glorious and Shineing ones. No Truth in Heaven or Earth, but hath its Anti-truth. No Day without its Shadow; or Diamond that wants it foyl. Never was any Person famous for any thing yet, but as he met with Favourites, so he found Detractors. And what excellency can we name or think of, that hath been free from opposition or interruption? And therefore it is no wonder, that a man so popular as Mr. Wing, hath met with his Share of affronts and abuses: it should rather have been Recorded a Miracle for him to have missed them. But Mr. Wing was too great a Philosopher, and too good an Astrologer to be concerned or troubled at such vanities. It was a satisfaction to him sufficient, to know that he had justly and fairely demonstrated and advanced the Truth of what he Studied, and therein discharged a good mind. And he having met with the approbation and thanks of the most judicious and knowing, for his great pains and industry, looked upon the ignorant and false attempts of this adversaries to be too sinewless sincereless (sic) to impare his worth, and their hatred too imbecil and truthless to torment or discompose him.

[Page 18[26]] [Note: When Mr. Wing first appeared upon the Stage of the world.]

He appeared first upon the Theatre of the world in the two and twentieth year current of his Age; beginning then to Write and Print his Annual Books or Almanacks; and as a fit direction for the favouring of such a purpose, the Sun then came ad Sextilem Veneris in Tauro: She being Governess of his Ascendent, and one of the Almutens of his Geniture; and the Sun (the Grand Patron of publick Fame and Glory) located in Septimâ Domo, the great Angle of business and action. And (that which is as remarkable) together with so favouring a Direction, he had a very auspicious Revolution for that year; as you may behold by the following Scheam thereof.

[Page 19[27]] [Note: His writings universally esteemed and embraced.]

Indeed Mr. Wings writings found a most excellent welcome into the World, among all sorts of ingenious persons: even so great and happy an one, that (at length) in that year, wherein Fifty Thousand of his Almanacks Almamacks (sic) have not sold or gone off, the Company of Stationers (as I have been credibly informed) have hath (sic) esteemed it but a year of an indifferent sale. So universally spreading was this persons Fame, he beginning to write under so happy and Favourable a Revolution and direction. And these his Annual Books or Almanacks, he continued twenty eight years together; [Note: - >] thereby making an addition to his former Reputation, but never growing less, or loosing of any his once purchased Honour. He still gained ground, but never lost any; and not only his Almanacks, but his other more laborious writings also, met with a very happy entertainment and success: So that in type [Page 29] Truth, all persons that have printed and sold his works, as well as those that have bought and read them, are Debtors to his memory and pains. And the Book-seller and Printer as well as the Astronomer must mourn the unhappy loss of Mr. Wing.

But now, Mr. Wing was not only a good man, and singular good Artist, but he was a kind and loving Neighbour: and for his temperate and sober behaviour and demeanor, was infinitely beloved of all those he lived among: as well of the more Rustical and unpolished sort of people (which generally look upon Astrologers as Conjurors, and Mathematicians as Mad-men;) as of those of the best quality and breeding; obliging the latter by his Ingenuity and Industry in Science; and the former by his Humility, and readiness at all times to do them good. So that the meaner sort of people were always ready to serve him; and the better sort of Persons [Note:

Ptol. par. p. 132.] to assist and encourage him in any of his Studious attempts. He was a Serious Cordial Friend, and hard to be removed in affection when once he had settled it upon any man; and when he was necessitated to be an Enemy, (being naturally so great a lover of Peace and Friendship) it was as great a trouble to him, as the knowledge of Letters was (pretended to be) to a Noble Roman, when he came to signe [Page 22[30]] the death of any Offendor. In his greatest provocations, and from the very worst of his Enemies, (as I am informed) he would admit of a Reconcilement upon the easiest terms imaginable: he ever loved to preserve Amity and Friendship, and to crush or banish Enmity and Hatred.

He was likewise known to be a most careful and loving Husband, and a Kind and Indulgent Father; as appeared both in the Prudent government of his Family in his Lifetime, and by his disposeing and ordering of things at this Death, for the good of his Relict and Children: that they might not (after his Decease) turn Wolves and Tygers each to other; as in too many very good Families (for want of such care and foresight) it is, God knows, too frequently seen; and (when past remedy) too vainly lamented.

Lastly, Mr. Wing was a man so naturally made for Action, and so much abominating Remisseness and Dulness; that to follow his employments, he often hazzarded his much to be prized Health: he having for near thirty years together, been constantly upon business, riding early and late, in all kinds of weather, wayes, and seasons, which (sine Dubio) was the propinquate cause (at length) of a very great Hoarsness, which began to seize [Page 23[31]] him violently in the beginning of the fortynineth year of his Age, it being a year Climacterical: which Hoarsness was (after some interval of time) attended with a Consumption and Catarrhe; whereof in the moneth of September, 1668. and the twentieth day thereof, when the Moon was in an opposition of Saturn, he ended all his Tedious Labours and Travels, with this his Terrestrial Pilgrimage: And so, receiving an exchange to a better Life, is now at Rest with God.

Behold, how the Heavens were posited in the Revolution of the Year of his Death; as you may see in the following Sceam.

[Page 32]

The Direction that Cut off Life, was the Sun to the Body of Saturn, viz. the meeting of the Hylech and Anareta, in an Anaretical place thus proved.

If the Learned Ptolomy may be credited, (as indeed why should he not, if he speak truth?) when he sayes, Aphor. 37. That those persons who have Libra or Aries Ascending [Page 34] at their Birth, shall (not need the envy of others to bring them to their ends, but) be the unhappy cause of their own Deaths: [Note:

Ptol. Cent. Aphor. 37.] (although I believe, and all the world knows and is satisfied, that Mr. Wing was not felo de se , as Lawyers speak, being of better principles than to commit a violence upon or against himself; yet,) I am convinced, that (in a charitable and just sense,) he made the Aphorisme good. For, we know his Soul was so set upon business (as before you have heard) that he laboured, not only beyond his strength, even till the last, but against the opinions of his Physicians: not that he conceived in so doing, he any way did hasten or accelerate his Death, but because he hated Idleness: being a man of so unwearied a fancy, that he was Active, and working to the last; and had not Strength and Vigor first left him, he had never left his Employment; for he dyed labouring, even in the middest of his business, as well as his years.

[...]

Table of contents

• 1. Of the Cause.
• 2. Of the Effects of the increase of Buildings, and first as it relateth to the City.
• 3. Of the Effects of New Buildings as they relate to the Country.
• 4. Of the Effects of the New Buildings, as they relate to the Government.

AN APOLOGY FOR THE BUILDER.

TO write of Architecture and its several parts, of Situation, Platforms of Building, and the quality of Materials, with their Dimensions and Ornaments: To discourse of the several Orders of Columns, of the Tuscan, Dorick, Ionick, Corinthian, and composit, with the proper inrichments of their Capitals, Freete and Cornish, were to transcribe a Folio from Vitruvius and others; and but mispend the Readers and Writers time, since we live in an Age and Country, where all the Arts belonging to Architecture are so well known and practised: And yet at the same time and place to write an Apology for the Artist may seem a greater trifling. In a time when since the Grecian Greatness their Arts were [Page 2] never better performed. In a place where Buildings are generally so well finish'd, that almost every House is a little Book of Architecture; and as the ancient Artists made Athens and the rest of their Cities famous by their Buildings, and still preserve the memory of the places by the ruins of their excellent Arts: so the Artists of this Age have already made the City of London the Metropolis of Europe, and if it be compared for the number of good Houses, for its many and large Piazzas, for its richness of Inhabitants, it must be allowed the largest, best built, and richest City in the world. But such is the misfortune of Greatness to be envied. The Citizens, nay the whole Nation is astonished at the flourishing condition of this Metropolis, to see every year a new Town added to the old one; and like men affrighted are troubled with misapprehensions, and easily imposed on by the false suggestions of those that envy her Grandeur, and are angry with the Builders for making her so great.

The Citizens are afraid that the Building of new Houses will lessen the Rent and Trade of the old ones, and fancy the Inhabitants will remove on a sudden like Rats that they say run away from old Houses before they tumble.

The Country Gentleman is troubled at the new Buildings for fear they should draw away their Inhabitants, and depopulate the Country, and [Page 3] they want Tenants for their Land. And both agree that the increase of Building is prejudicial to the Government, and use for Argument a simile from those that have the Rickets, fansying the City to be the Head of the Nation, and that it will grow too big for the Body.

This is the Charge that is laid on the Builders: Therefore the design of this Discourse is to answer these aspersions, to remove these fears and false conceptions, by confuting these Popular Errors, and shewing that the Builder ought to be encouraged in all Nations as the chief promoter of their Welfare.

This is done by shewing the Cause of the increase of Building, and the Effects; as they relate to the City, to the Country, and to the Government.

[Page [i]]

Table of contents

• To the Church-Warden and Overseer, Executors of the late Renowned Captain, &c.

• ADVERTISEMENT.

THE Second Part OF THE Notorious Impostor, &c.

THE general Reception the First Part of our Impostors Life has met, encourages us to pursue the Subject, hoping that this further Narrative of his Adventures will give the Reader no less Diversion. And that the Reader may be satisfy'd in the Integrity and Truth of our History, we desire him to consider that he dyed in the midway between fifty and sixty years, and having for a score of the last of 'em, play'd at no other Game than cheating the World in all the Shapes and Masques he cou'd invent, we are so over-furnisht with matter of Fact, that we have not the least need to load him with the least untruth; and therefore we make this real Profession, that excepting a little Garniture, (that common pardonable Liberty) the whole Feast we treat you with, has not one borrow'd Dish. Nay hundreds of his diminutive Frauds here in Town, as vulgar sharping Tricks, we purposely omit, as too trivial and [Page 2] unworthy our Cognizance, and too poor for your Entertainment.

And whereas his most notorious Delusions were his Marrying of so many Wives, and the politick Artifices and Lures used by him to decoy those poor Creatures into the Gripe of his Talons, were the grandest of his Rogueries, we have been chiefly inquisitive into that particular walk of our Proteus, as the most intriguing part of his Life, and indeed his Master piece of Projection, and consequently the most divertive for your Reading.

In our first part we gave you at large three or four famous Amours of his, and leaving off at his Inn-keepers Daughter of Bathe, (where we frankly told you that for want of farther Intelligence we over-leap'd some years) we think fit to continue the prosecution of our History from the end of that Adventure, and so fill up the vacancy occasion'd by our then want of Information, with which (from very good Authority and Credit) we have now better supplyed our selves.

His continued good Luck at the Female Quarry succeeding so prosperously, he has hardly snapt and gorged one, before he's for flying at a second.

Leaving therefore his last Wife (as before mentioned) the Inn-keepers Daughter to shift home, not only pennyless, but almost naked too, (as before at large) it being then in the gay time of Summer, he buys him a very stately Gelding, and prances down to Slough near Windsor. There taking a Genteel Lodging, and throwing off his old now Hackneyfied Disguise of the Countrey Gentleman, he assumes the Character of a London Merchant; and though the little distance of twenty Miles laid the Scene very nigh, and consequently (one would think) exposed him to something more hazard than any of his [Page 3] former remoter pretensions, however he is so flusht with success, and thereupon so hardy an Enterprizer that he reckons upon Fortune, now intirely his own, as no less than bound to his Cause, and her Smiles as secure, as himself her now darling Favourite is fearless and undaunted.

His Tent therefore pitcht at Slough for the best part of this Sommers Campaign, with sufficient of Gold, and what not, in his Pockets, he Contracts (amongst other Countrey Acquaintance) a great intimacy with the Minister there. And at length praising the good Air of that Countrey, and the sweetness he tastes in the Conversation thereabouts, he desires the Parson (his now Intimate) to inform him of some Purchase of fifty, sixty, or rather than full, seventy pound per annum somewhere near there; if a good House upon it so much the better; otherwise it will put him to some few hundreds extraordinary Expence. If any such Purchase can be found, he shall be gratefully thankful to him: For resolving to get him some Countrey Seat for a little Summers Retirement from his Fatigue at London, he has not met that place in the World that pleases him better. The Parson, kindly replyed, That truely he did not yet know of any such Purchase, but he would make it his Business to inquire, and inform him accordingly.

It falls out here that he insinuates into the Conversation of a Countrey Gentleman that had a very pretty Daughter, to whom he could give Five Hundred Pound Portion. Through his Acquaintance with the Father he finds Opportunity and Access to the Daughter, and in a little time professes downright Love. Now besides a great deal of Wit and Sense in the Daughter, here was a very Judicious and Sensible Man to her Father, and likewise a [Page 4] very Ingenious young Gentleman her Brother, all three to be coped with; insomuch that the highest of Prudence ought to be used to manage the Amuzement, and fence off all Curiosity and Enquiry, which (considering how near London lay) might dash the whole Plot. For that purpose he no sooner declares his Passion, but at the same time he utterly abjures all pretensions to a Farthing of Portion, (if he may be so happy as to succeed in his Love) that truely his Affairs and Circumstances are far above so poor a Thought. Whatever her Fathers Goodness did or might have intended for her, he is free to keep for the bettering the Fortune of so hopeful an Heir of the Family as the young Gentleman her Brother: It is enough that the possession of her dear Person is all his Ambition, and if after all his prosperous Ventures both at Sea and Land, to Crown his Felicity he can but carry this last dear Prize, he has all he wants in this World. Nor is Beauty the only Charm he finds in his dear Mistress, her Vertue is her most captivating Perfection. Alas, if he had sought either Face or Fortune, those were to have been found nearer home, and possibly, where he was better known, viz. in his walks upon the Exchange, and thereabouts, whatever personal wants he had, however his other Qualifications would have made him no hard Access to very considerable Fortunes. But as his Natural Jealousie of Town Beauties had all along made him somewhat colder in the choice of a London Wife, he declares that the vanquishing of his Heart was reserved only for some sweet Countrey Innocence, which truely he had never met with till now.

This Declaration carries a very pleasing Face every way. Here, the Daughter for her part has the Heart of a Rich Merchant of such vast Estate, that her inconsi [Page 5] derable Portion is not worth his Acceptance, and consequently if she can like the Man, she has all the Reason in the World to Embrace the Addresses of so qualified a Suetor. Here are Father and Son likewise under no occasion of complaint, for one is like to save Five Hundred Pound by the Bargain, and the other to get as much. And therefore 'tis a Match they ought not to oppose. And to put all suspicions out of their Head, what Reasons have they to mis-doubt his being the Man he pretends, for he had then a pretty many years upon his Back, and therefore unlikely to commit so boyish a Folly to take the Luggage of a Wife with never a Groat with her, unless he had wherewithal of his own, to supply that Defect. Besides, here was all the Appearances possible both of Honour and Honesty in his Daughters Inamorato, for more and above the daily management of his Discourse, and his prompt Answers and Insight to all Affairs in the World, which discovered a Person certainly of publick Business, his Port and Figure he made amongst them, together with the Grandure of his way of Living, confirm'd their intire Belief and Confidence. And to conclude all, who cou'd suspect a Counterfeit that would Cheat for nothing.

During his Courtship he presented his Mistress with a very Rich Gold Watch, and as he gain'd ground not only upon her, but went a great stroke with the Father and Son, who were mighty inclineable to the Match; at last he pusht home, and gain'd the Consent of all Parties concerned. The Father and Son were of Opinion that they should all go to London, and the Wedding and Bedding work should be all done there at his own House in the City. With all his Heart replyed the Spark, only one Inconvenience attended that Proposition. For it [Page 6] would be impossible for him to Marry in London without dragging a great deal of noise and trouble at his Heels. For unless he would disoblige more than a Hundred Eminent Citizens, his particular Friends (which in Honour he could not well do) he must be forced to make a publick Wedding of it, and so draw on a great deal of Ceremony and Hurry, which truely, (might he be chuser) did not agree with his Inclination. Nevertheless, if they so pleas'd, he was ready to acquiesce to their absolute Commands. But otherwise, for prevention of all that, if he might direct, he would desire to divide his Blessings between the Countrey and City, viz. have the happiness of Marrying her in the Morning at Slough, and then have the Honour of their good Companies with him to London, and there Bed her at his own House.

This appear'd so highly reasonable, that three places are order'd to be taken in the Windsor Coach to Morrow for London, and the Marriage to be Solemnized Early before the Coach sets out. And accordingly our Lovers, who wake with the Lark, are the next Morning devoutly join'd together. When the Nuptial Rites were perform'd, and a small Collation prepared before setting out, he publickly again declared his Protestations against all pretences to a Portion. However as he had now taken the dearest Creature in the World into his Arms without any such Claim or Pretension, and the longest day of his Life he should maintain her to the highest Dignity and Grandure of a City Merchants Lady, as much as if she had brought him Thousands of her own to do it with, yet as perhaps there might be some Wedding Garments, and other small matters wanting suitable to His Bride, he durst not presume to make her any Present of that kind, lest possibly it might be some little Indignity and Reflection upon Her [Page 7] own Honour in accepting of any such offer; and therefore that part he left to her and her Relations pleasure and discretion. His putting them in Mind of that necessary point, appeared more like a piece of Gallantry than any thing else from him. And thereupon both the Father and Bride take a whisper privately together, and immediately the Closets and Cabinets were rumaged, and near a hundred Guineas muster'd up, and stowed in a small Casket to carry with her to London, to rig her in all ample manner accordingly. As they merrily Travel along, the Father, Bride and Brother in the Coach, and the Bridegroom en cavalier Riding by, taking a little start before 'em upon Hounslow Heath, he comes back furiously Galloping to the Coach side, and with much concern bids 'em have a care for he was certain there were Highway men before in the Road, and he much feared the Coach would be Robb'd. This put the Travellers into some small fright, and all of 'em (for the Coach was full) into a very great Care how to preserve the small Treasure they had about them. Nay Gentlemen, replies the Spark, for that small matter I have about me, I fear not all the Thieves in Christendom to take from me, for though I profess my self no Sword-man to Fight for it, yet I thank God, I have a Horse has such a pair of Heels as I defie any Man in England (especially upon this open Plain) to out-ride me. This Hint made the poor Bride immediately Request his securing some small things of hers, and thereupon she gave him her little Casket, and her Gold Watch to carry for her, withal desiring him to speed off the safest way he could, and tarry for the Coach at the Red Lion in Brentford; Her prudent Example encouraged some other Passengers in the Coach to desire him to do them the like Favour; one Lady in the Coach desired him to secure a [Page 8] Diamond and a Gold Ring of hers, which she took from her Finger; another Gentleman clapt a Purse of near twenty pieces of Gold into his Silver Tobacco-box, and besought him to give it Sanctuary in his Pocket to Brentford. In short, some other small matters were presently entrusted to his Protection and Preservation; and so being desired to troop off with all speed, and to meet 'em at the general Rendezvouz aforesaid, our Merchant puts Spurs to his Steed, and the Coach trundles leisurely after him.

At Brentford they arrive safely in some little time after, and making a halt at the Red Lion, inquiry is made if a Gentleman so mounted, and so drest was there. No; answer was made, no such Man was there; but upon examining the Horse and the Rider they had described, that very Gentleman, about half an hour ago was seen to Ride almost full speed through the Town towards London.

The Bridegroom so strangely out riding his Stage, put the whole Company into some little Consternation, but the Bride more especially, it being a matter of no mean surprize to her to have a Bridegroom so unkind, or so frolicksome at least, to Ramble away from her on her very Wedding Day in so odd a manner. A great many several Discants were made upon it by the whole Company; but as all of 'em happen'd to be some small Neighbours to Slough, and had either converst with this Honourable Merchant during his Abode there, or at least had heard of his Fame, it was concluded of all Hands 'twas only intended as a Jest, and so they all moved on towards London, not doubting in the least but to find it so.

When they arrived at London, the young Lady as Guarrantee for her Bridegroom, though she could not well invite 'em with Convenience that Night, besought all their good Companies to Morrow at Dinner with her at her [Page 9] House in Limestreet, there to call their Trustee to an Account, and to laugh out an Afternoon with her upon their Travelling Adventures.

Having thus dismist their Fellow Travellers; a Hackney Coach is taken to drive to Lime-street. When they came there, and such a Merchants House was asked for, a Name very like it was found in that Precinct, but both the Gentleman and House they inquired for, were utterly Strangers to all the Inhabitants round, and neither that Night nor next whole Day could give 'em any Tale or Tydings of her new Husband. However in all this utter Darkness, as she is left in Ignorance, she has the Comfort to be left in Innocence too, for thanks to her kind Stars there was no Consummation in the Case, as much a Wife as she is, she is a Virgin Bride at least, and as much cheated as they have all been, our young Spouse has the satisfaction of that single happy Escape to counter-ballance all the rest of her Losses. What Reparation our fair Promiser made to her Fellow Sufferers in the Coach our Story mentions not, but the Father, Son, and Bride returning by weeping Cross, they found this Farewel Epistic at their Arrival at Slough.

My Sweet Bride,

AY too sweet, God wot, to be so lost. Had we but consummated, my Chicken, had I but got the Virgin Toy, signed and sealed, my Sweeting, it had been a Prize worth all the other Treasure. But my hard Fate had otherwise decreed: And I must e'ne sit down by my losing Bargain. But my Dear, notwithstanding my abrupt parting, prethee do not conceive hard Thoughts, nor fancy me a Masquerader: for though my House is removed from Lime-street, upon my honest word I am a true Merchant, and have hook'd in my Venture. Pray Comfort your Condoling Fellow Travellers, and assure 'em their Moveables I took into my protection are [Page 10] all very safe, and that I shall take all possible care in performing my Trust in keeping 'em so. And now Child, if thy Defeat of a Bed-fellow should set thee a Gog for a new Husband, for thy Consolation let me tell thee that I am fairly drawn off to make room for a happier Successor; & at thy next Prayers for a Man in thy Tables to fill up the Blot I leave open; thank Heaven thou hast scap'd so well, for thou hast received the first Mercy I ever shewed thy Sex before; and so Dear Widdow'd Turtle, farewel.

This Adventure so luckily concluded, our Wise-Merchant takes a little Recreation in London, and then tired with Ease and Idleness, he thinks it high time to look out for new Game. His Rambles have hitherto mostly lain Westward, and the Success he has gotten there, invites him to try his farther Fortune a Field the same Road. Down therefore his Galloper and he set out, and meeting nothing in the way worthy his Atchievement, he fixes at last at the Town of Wells. Here he is a Countrey Gentleman again his Name Bowyer, Brother to Sir Charles Bowyer. This Town happily afforded a Boarding School for young Girls, where the Fair Recluses generally are not altogether Nuns Flesh, and where notwithstanding the watchful Oversight of those Guardian Dragons the Governesses and Super-Intendants, Love too often leaps the Pale, and many a bold Jason very luckily moves off with a Golden Fleece.

At this Castle 'tis resolved our next Batteries shall be levell'd; only all the hardest work here is the making his Approaches. For that purpose he inquires first, who and what the Fair Inhabitants are, and the like; where he is soon inform'd of several considerable Fortunes amongst 'em; but most of 'em either under Guardianship or Parents, and though allyed to pretty considerable Effects, the Lash is in Hucksters Hands. The carrying the Dam [Page 11] sel, will not finger the Gold, and our Business being only to snap and away, a lighter Cargo than those unweildy Portions does our Job. And accordingly he discovers one just sizable for his Turn. A Tradesman's Daughter, her small Portion about 180l. and all in her own Hands, or at least in her own power, her Parents and Friends all Dead, and therefore at her own disposal, and likewise something of the Elderlyest for a School-miss, being indeed about 20 years of Age.

'Tis resolved then to fix here; And, for a handsome Initiation, his first Attacque is onely from his Eyes; he sees her first at Church, where his whole Devotion is so intent upon no other Object, that he gives her occasion to observe him. His Gentile Equipage, and, in a Stranger too, might very well draw some Eyes in a Countrey Congregation; and this young Devotees were not so wholly tyed to her Prayer-Book, but hers might rove a little: she no sooner saw him, but she met a very Passionate and Long wishing-Look returned her: if her Curiosity peep'd a second time, she found him in the same posture, his Eye never off of her. And this he continued Forenoon and Afternoon, in such a manner, that it was impossible, even for Indifference it self, not to Remark him.

Next morning he makes some means to get the Company and Ear of one of the Sub-Governants of the School, a Matronly kind of a Tutouress. He cannot tell what Malleable Mettal she's made of, and how far she may be tempted to betray a little Trust. However he resolves to try. And if she be to be shaken, at least he'll use the most Perswasive Arguments to Assail her.

Accordingly, having first beg'd the Favour of a full Hearing, he begins to lay open his Case in manner fol [Page 12] lowing. First, he discovers his Birth and Quality, a Brother of the Honourable Sir Charles Bowyer. Secondly, Though a younger Brother, yet provided with a Plentiful Patrimony to keep up the Port of a Gentleman. Then, that yesterday at Church, he had seen the onely Sweetness upon Earth that he cou'd truly Love: That it was some Extraordinary Destiny that had brought him thither, to lose his Heart to so Lovely a Creature: and then telling his Name (which his Love had made him inquire into) the present Suit he had, was, to obtain the Conversation of that Sweet Gentlewoman, that he might have the favourable opportunity of declaring his Passion to her; which Access, understanding the strictness of the Family in which she now lived, and under what Confinement she lay, he had no hopes of accomplishing, but through her Means: and, that if she would vouchsafe to be the kind Instrument in gaining him his Request, he should not onely be bound to her the longest day of his Life, but likewise make her a Gratification suitable to so signal an Obligation. The Gravity of our Tutoress seem'd a little Surprized at this Motion; But, before she cou'd make any Reply, he continued his Supplication to her; By telling her, That for Heavens sake she would believe his Intentions to the young Lady were nothing but Honourable, that had his Designs been so wicked, as to aim at, or overreach any young Fortune in the House, as such he understood there were several there, he should be the greatest of Villains. But, that Love, and onely Love, was his Design, was manifest in his Addresses to this young Gentlewoman, who (as he was inform'd) was but a Tradesman's Daughter, of little or no Fortune, or at least very inconsiderable to a Person of his Circumstances and Birth; and therefore she had all the Reason [Page 13] in the World to believe him a Person of Honour and Integrity; and 'twas as such he desired her to serve him in the Request he had made her. She hearing him protest so heartily, and profess so honourably, cou'd not but be a little attentive to so Reasonable a Suit. But being her self a Woman of Principle, and naturally faithful to her Trust, she could not forbear making him this Answer: Sir (says she) you have the least Reason in the World to seek my Assistance in this matter; for if you are that Lover, and that Gentleman you profess your self, your Quality and Pretensions to this young Woman are sufficient to make your own way to her, without wanting my help. What need has a Gentleman of your Fortune and Honour to seek to a poor Servant as I am, to introduce you so meanly, as a private Suitor to this young Maid, when you have it in your own Power to make a more Publick Declaration of your Love; and undoubtedly, so Qualifi'd as you are, have all Encouragement to hope for Success? If you please therefore, I'll tell the Governess, and when she shall have examined all things requisite to the discharge of that honest Duty as the Tuition and Care she has undertaken shall require of her; she will be so far from opposing your Access, that certainly you may expect all the fair Reception your own heart can wish. This Answer being not the present point we must gain, our Squire (before prepared for a Reply) seem'd extreamly pleased with her for her Fidelity. That truly she was highly to be commended for so Consciencious a Scruple, as to the admitting of a Stranger, as he was, to any thing under her Guardianship. And that truly the Advice she had given him was but very Reasonable; And that if he should make open Love to this young Gentlewoman, he might possibly have hopes of succeed [Page 14] ing. And really it was the onely Course he would take, but for one onely Obstacle, which was, that though indeed, as a younger Brother, he had above 300l. per annum already in good Land of Inheritance, a Competence sufficient to maintain a Family indifferently well; yet as he was next Brother, and indeed as the presumptive Heir to Sir Charles, an unmarryed Man of Thousands a year, and was at present transacting with him about a considerable Addition to his Estate, and other very eminent Friendships expected from him, he was under an invincible necessity of making an Amour of this kind, one of the greatest Secrets in the World, lest his Marrying so inconsiderably might lose him his Brother's Favour, and thereby defeat so advantageous an Expectation. Not but he Loved the young Creature enough to run a thousand times greater hazards for obtaining so sweet a Blessing: but, however, What Folly and Prodigality would it be, to expose so main a part of his Well-being to so dangerous a Venture, when there was so little occasion for it? For he, could he reach so great a Blessing, as to obtain her for his Bride, yet it would be worth his while to make both his Woing and Marriage, for some time, an absolute Secret, for so valuable a Consideration. And he, that resolved to enter into Matrimony, was, in all Duty, bound to take the best measures to make a Married Life comfortable, by making the best provision to support it with Credit and Reputation. And therefore 'twas, that he was forced to supplicate her private Assistance in the Affair, which she could not well blame, under so important a Circumstance; and therefore stealing a brace of Guineas into her Hand, he once more intreated her to gain him some Admittance to the young Ladys conversation, as silently as possibly her Goodness could contrive. I cannot tell, whe [Page 15] ther the Arguments of the Gold, or both together prevail'd, but to shorten the Discourse 'twas agreed that Evening an Hour after Sun set that he should come to the Garden Back gate, which was accordingly done.

And not to tire the Reader with the Narration of the Wooing, let it suffice that he obtain'd three or four private Meetings, and a little Courtship well managed prevail'd and conquer'd. By the Assistance of this Matronly Confident, the Business is concluded, and the Girl steals out one Morning and Marries him. He had not been long Married, but continuing the old plea of silence and secresy so necessary on his Brothers Account, he gets her to call in her small Portion, for her own use, making it his free Wedding Gift, all to be disposed in buying her Cloaths, and the like. And so makes all speed to London with her. At London he provides her a very Genteel Lodging, still leaving all her Portion in her own Custody. He had not kept her Company two days in Town, but he comes home in great haste and surprize, telling her that his Brother by some Accident or other had heard of his Marriage. But as 'twas impossible he should know what Woman he had Married, he had one favour to beg of her which she must not deny him, which was to pretend her self to be a young Devonshire Lady of such a Great Family, and such a Fortune: By this means he should win his Brothers Heart, and hasten that additional settlement, and the other favours he expected from him; and tho' indeed it was a little piece of Fraud, which truely he was never guilty of before in all his whole Life, yet considering the Advantage so innocent a Deceit might gain 'em, he conjured her by all their Loves to joyn with him in it, and carry on the Mask till he had gain'd his point. The poor Creature soon perswaded consents to his Request, promising [Page 16] her acting the best part she could in the Disguise, since it was his Pleasure and Command to have it so.

Having obtain'd her concurrence in it, he tells her these Lodgings were too mean for a Woman of her Birth, and therefore he would presently take her a fine House at Greenwich four Miles out of Town, and have it furnisht suitable to his and her Quality.

At Greenwich a House is instantly provided; and what by the pretensions of this great Match, he strikes in with a confiding Upholster for a Rich Bed, Tapestry Hangings, and very sumptuous Furniture in most ample manner. Nay, he carries it on so far as to gain Credit for several Hogsheads of Wine, which were likewise wafted down to Greenwich. The young Wife all this while seeing him make such splendid Provision for her, never in the least suspected him for less than high Quality, and indeed was utterly ignorant that all this Gallantry was taken up upon Trust, and mostly rais'd upon the noise of her vast Devonshire Portion that was very speedily to pay for all.

After this Countrey House was thus Richly set out, pretending Business one Morning early to London, he returns again between Ten and Eleven in great haste, saying, that truely he had occasion for about an Hundred Pound, and having laid out more Cash than his Returns from his Estate in the Countrey could at present supply him, he desired her to accommodate him with that Sum out of her Money, which in a Fortnight at farthest should be made her up again. The poor Girl very readily gave him the Keys of her Closet and her Cabinet, desiring him to take what he wanted. Immediately he goes to the Treasury, and not having leisure to stay to tell out the Sum, he took the whole Bag, which in Silver and Gold was about 140l. [Page 17] which he would tell over at London, and bring back the Remainder, whither he desired her Company along with him in the Boat that staid to carry him back. Yes, with all her heart, if he would please to stay till she drest her self, being then only in her Morning gown. No, by no means, he replied, no matter for dressing her self, she was well enough drest for that little Company she should see to day. And so without farther Ceremony she trips into the Boat with him, and so away to London.

When he came there, and had fix'd her at her Old Lodgings, he desired her to have a little patience till his return from Lombard-street, where he was going to pay this Money: but before he went, giving her a kind Kiss or two. Lord, my Dear (says he) this plain Wedding-Ring upon thy Finger is too poor for My Wife! I am going to pay this Money to a Goldsmith, and prithee give me thy Ring along with me, and I'll put a Diamond into it.

The Ring upon so good an Account was presently deliver'd him, and a very low Courtzy dropt him for the promis'd Diamond. Away goes Husband, Money, and Ring, and the Wife staying with her old Landlady, waits for the return of her kind Spouse; After a great deal of patience pretty well tired, and many a sigh to pass away time, Evening at last draws on, and no Husband appears. To Greenwich she dares not return, 'tis now too late at night, and too dangerous travelling so unseasonably. And so taking a soft Bed, but a hard Night's rest in Town, she gets up early the next morning for Greenwich, where instead of Husband [Page 18] or House, she finds the Furniture, Bedding, nay the very Wine in the Cellar all carried off, and so neither Husband, Money, nor Cloaths, but the loose Undress she had upon her back; she is left to a whole Deluge of Lamentation, and the King's High-way fair open for her to steer back to Wells, or what other Hospitable Coast she could find in the wide World before her.

This Marriage-Trade thriving so well with him, he left it not off till he arrived at the number of 18 Wives; in which several various Cheats and Disguises were practised according to Time, Place and Circumstance. At Kedderminster he past for Sir Charles Bowyer's Brother again, and there married an Innkeeper's Daughter, from whom he hooked out several Pounds, besides spunging upon her Father: where he continued a very considerable time; and wrought himself into that intire Credit with his Father-in-law, that when some of his Neighbours made bold to ask him, How he could repose so much Confidence in a meer Stranger; and after his Daughter had been so long married to him, to make no Inquiry into him all this while? Inquiry! (he replied very briskly) trouble not your heads about that Business. I am very well satisfied in him, and know well enough what he is. His Wit and Breeding, and a hundred other genteel Qualities, sufficiently assure me: Nay a Gentleman he must be most certainly, for I have observed him, he will never dine without a Bottle of Wine.

In Holbourn he courted a Rich Vintner's Widow (but there he was a little higher advanced into the [Page 19] Honourable Family of the Bowyers, for then he was Sir Charles himself) and so far tickled her out of her small Reason, by the high sound of a Ladiship, that the Wedding-cloaths were making. Nay he took her along with him to a Goldsmiths in Cheapside, to bespeak a very large quantity of Plate, amounting to about 200l. No sooner did he enter the Goldsmith's Shop, but he kindly shook him by the hand, and gave him so many familiar How-de-yees, as if he had been his long and intimate Acquaintance; where bespeaking so much Plate, and such a Coat of Arms to be engraved upon it, the day was set when it was to be call'd for. Before that day he was to receive 600l. from his Steward in the Countrey, which he had sent for up to pay for this Plate, and other necessary Nuptial Habilements. But the Day drawing on, a Letter comes up by the Post from his Steward, intimating, That amongst all his Tenants he could at present raise but 150 of the 600l. he desired, and truly that small Pittance he did not think fit to return up, till he could make it a larger Sum, &c. This Letter was received in his Mistresses presence, and the Knight so enraged at his Steward's neglect, that he fell into a very great passion to be so defeated of his Expectation, especially at so critical a Juncture. The kind Widow seeing him so concerned, desired him not to be troubled at it, for if his present Occasions required, she was very willing to furnish him with it; and in fine, lent him 200 Guinea's to fetch home the Plate. But neither was the Plate sent home, nor Knight or Guinea's ever seen afterwards. The Widow somewhat impatient, trips away to the Goldsmith to inquire if he had been there, and being answer'd in the negative, she ask'd him if he were [Page 20] not acquainted with Sir Charles? What Sir Charles? Sir Charles Bowyer that bespoke the Plate. Truly not he; for to his best knowledge, he never saw him before that day. How, replies the Widow, never saw him before, when he knew you so well, talk'd so familiarly with you, discours'd of so many Affairs relating to your self, that I durst have sworn he had known you this seven years, and dealt in at least a thousand pounds with you. Yes, replied the Goldsmith, all this familiarity he exprest, which as much surprized me as it does you: But it was none of my business to inquire of a Customer how he came so acquainted with my Concerns; or why he treated me so courteously at first sight; He laid me down Earnest in part for my Plate, and if 'tis your pleasure to pay me the remainder, the Plate is forth coming. But when, or where the Gentleman can be found forth coming, that you know better than I: for as I told you, he is a Person I never saw before, nor after.

To prosecute the full Relation of all his Wooings and Marriages, would be dwelling too long upon one kind of Subject, and therefore not so divertising to the Reader; for which Reason we have selected only these, and the others recited in the First Part of our History, as most entertaining of all his Amours.

After he had accomplish'd near a Score of Marriages, he neatly counterfeited a Bill for 700l. drawn upon an Eminent Citizen; and so well managed all Conduct and Matters relating to it, that he received the Money. But what with his Wives, and this last grand Cheat, he began to think little England would [Page 21] soon be too hot for him. And therefore buying three very gallant Horses, and Equipage and Accoutrements suitable, he got him cross the Herringpond, and went a Volunteer to the Duke of Monmouth, then before Mastricht: His business here was more Flourish and Bravado, than any great Feats of War, any Martial Wonders he intended to perform. In Flanders he made a pretty long Campaign, for he stirred not from thence till all his Money was spent; and at length, when his dwindling stock was so small, that his very Horses heads grew a little too big, for a new supply he converted 'em into ready Money; and when that last stake was almost run out, and he had just enough left to Land him safe upon English Ground again, he returned for London; and there setting in again at his old play of Wiving, he Wooes a Parsons Daughter of 500l. Portion, and by virtue of the great Name of Sir Charles Bowyer, and other winning Arts he used, he Married her, and gain'd so far upon her Father, that he got One Hundred pound in part of the Five, into his clutches. But not satisfied with that modicum, but resolving to gripe the whole remainder too, he takes a House for her at Hampstead, where he lived some time very kindly with her, still plying her Father with all the softest and tenderest management, to hook in the 400l.

But here, as Fortune will not always smile, a turn of Fate falls somewhat hard upon him; his Ludlow, and some other of his old Wives, had unhappily got him in the Wind, and with a full Cry run him down, and Housed him in Newgate.

[Page 22]

Here it was (as before mentioned in our first Part) that six of his Wives appeared against him, and at his Tryal he pleaded Guilty to those Six and Twelve more. For which being Convicted, and the Law not reaching to his Life, the Judges were pleased so far to commiserate the unhappy poor women he had undone, but especially the Parson's Daughter, that they gave her leave to lay an Action upon him of 5000l. by virtue of which, being still detained a Prisoner, he removed himself to the Kings-Bench; Here being kept within the Goal, he behaved himself so winningly, that he gain'd some favour with the then Marshal, and had now and then the liberty to peep abroad. Improving and advancing in the farther good graces of the Marshal, he obtained at last that extraordinary credit from him, that himself and Three or Four more Prisoners were one day permitted to take a little Ramble to a merry-making, some little way out of Town; which lucky slip of their Necks from the Collar, they took that wise care to make so good use of, that neither our Sir Charles, nor his fellow Travellers, the Master or Mates, ever returned again. This escape made such a clamour, that 100l. reward was set upon his head, if to be caught in England. But this pursuit soon cooled; for upon the change of Marshal, which soon followed, the Cause dropt, and he had full freedom to creep from his Covert, and turn Practitioner Practioner (sic) at his old Craft again; his deliverance being in a manner compleat, and his 5000l. and the rest of his load discharged.

After his Heels were at liberty, his Pocket run but low; and he was forced to truckle to little shifts to [Page 23] put him in stock again. His Pranks are scarce to be numbred, nor dare we pretend to trace 'em successively; and therefore we shall not tie our selves up to Time and Order.

For one of his common Feats, he got him a large Seal-Ring, and several other Gold Rings, all variety, as Plain, Mourning, and Enamel'd, value together about 4l. with these, by confederacy, he would sham an Arrest upon himself by a couple of Marshal's Men, and being hurried into some Alehouse, he would call for the Landlord, pretend himself a Tradesman, and House-keeper as far as Wapping, Stepney, or some such remote place; then opening his Grievance, that he was Arrested for 40 or 50s. and being too far from home to send for Money, he desired the Landlord to carry his Rings to the next Goldsmith, and see what he valued them at: The Landlord returns with the Rings, and tells him, the Goldsmith would give something above 3l. for them; upon this, he desires the Landlord to pleasure him with 50s. upon that pledge, and he would come himself or send (by such a Token) the Money the next day, and redeem them. The Landlord ready to aid a man in his distress, in so reasonable a request, Lends the Money, whilst instead of the Gold Rings, he puts the Legerdemain, and leaves him a set of Brass ones well Gilt, shaped, Enamel'd, &c. to a tittle, in every point resembling the true Rings; and worth about Half-aCrown.

[Page 24]

One day about high noon he came to the PoultreyCompter Gate, wanting a Serjeant to execute an Attachment for him: so giving him his Instructions and Fee, he desires him and his Yeoman to follow him to such an Ale-house in Leaden-Hall-Street, where he would wait for 'em. To the Ale-house he goes, and takes a Lower Room which look'd into the Street, where calling for a Tankard of Ale, and soon after spying the Bum and Follower approaching, he whips out of his Codpiece a Pewter Tankard, slaps the Drink into it, and returns the Silver one into his Breeches. As soon as they enter'd, and ask'd him for the Gentleman, he told them he would cross the way, and see if he had dined yet, and come over, and call 'em immediately to do their Office. Out he trips, and there being a Thorough-fair over the way, neatly conveighs himself off; till at last, the Serjeant waiting beyond his patience, calls for the Landlord, and desires him to fill the Tankard again. Fill the Tankard (quoth the Host) what Tankard! This is none of mine. My Tankard's a Silver one. How, a Silver Tankard (replies our Mancatcher.) This was all the Tankard in the Room since he came there. That wont serve turn: Their Comerogue and Confederate that had left 'em, had a Tankard of him, price 6l. 10s. and Tankard, or so much Money must be found before they parted. A great many hard words rose on both sides; but in fine, the Attacher himself was now under Attachment, and moved not off, till a Reckoning of 6l. an Angel, and some odd Pence, was discharged. [Page 25]

At Woolwich he pretended to be a Doctor of Physick, and profess'd an infallible Remedy he had for the Gout. A Gentleman, an Inhabitant there, long afflicted with that Distemper, retained him as his Physician: But his grand Receipt requiring a Fortnights Preparation, he squeezes some Mony out of him for Materials to the Operation, and puts several Earthen Pots, with the pretended Ingredients, for Fourteen Days under Ground, against which time the expected Effects were to be produced. But it so unhappily fell out, that before the Elixir came to perfection, he was arrested by the Name of Bowyer, and thrown into the Marshalsea. The Fourteen Days expired, and the Doctor in durance, the Patient made bold to dig for the Treasure, and examine the Pots; where, to his great Satisfaction, in each Pot he found about half a dozen straggling Maggots, which indeed was their whole Contents: But what Cures they wrought, our History mentions not.

Between five and six Years since, he tries one Touch more at Marrying, but truly not so high a Flier as formerly, he contents himself to lay Siege to Nan, the Cook-Maid at the Castle-Tavern at Fetter-Lane End; and to attack her in no less formidable a Figure than the old Sir Charles still. So Worshipful a Matrimonial Suitor (you may imagine) tickled her not a little, for the Title of a Ladyship could not but make a strange rumbling in a Kitchin-stuff-pot. The poor Girl was soon inclinable to listen to such potent Love. Our Sir Charles makes quick work on't; and though her kind Master and Mistress daily laugh'd at her for fancying him in earnest with her, Our Lover was so well furnish'd with Rhetorick to set her to Rights again, and so absolutely persuaded her that he meant nothing more than to marry her, that at last she [Page 26] contrived to feign her self sick, whilst her Knight, under pretence of a Condoling Visit, was to steal her down Stairs, and march off with her. This Plot taking effect, he kept her out ten or twelve Days; in which time he wheadled her out of all the Mony she could raise in the World, being about the Summ of Twelve Pounds: But when he had drained all he could get from her, at last he began to grow so cold to her, that he denied her one Morning a Pennyworth of Milk; which being no longer able to bear, she returned to her Master with a very sad Heart, much wailing the Barbarity she had received, and the Ruin she suffered. At the Return of poor Nancy, the Knight was flown; and though unsuspected before, now her Master and Mistress with good Reason believed him a Cheat; and being concerned for vindicating the Injuries of their Servant, they dogg'd him at last into White-Friars; and fetching him out thence by a Constable and Warrant, he was committed to Jayl, tried for an Impostor, and stood in the Pillory before their Door.

One very notorious Cheat, was much in use with him, within a 12 Month last past. For instance, he comes one Morning to an eminent Tavern in Holborn near Hatton Garden end, his Habit a plain Country-man, with a Oyl-skin Hat, a shabby Perriwig, a large buff Belt round his Waste, a pair of Boots without Tops, a Whip in his hand, and a hundred Pound bag under his Arm: Here he bargains for a Hogs head of Sack to be sent into the Country; whilst the Carman is loading his Wine, he pretends very urgent Business he had to do, before the Carrier goes out of Town; insomuch that he cannot well stay, and pay for his Wine; for which reason, he desires the Master to lay up his bag of Mony for him, [Page 27] till he can call in the Afternoon, and reckon with him; but first taking out (for a blind) a handful of Mony, between thirty or forty Shillings for present occasion, he seals up the Bag again, and leaves the rest in the Vintner's hands.

And now resolved to play the good husband, and do two Jobs with one trouble, whilst the Car is loading, he goes to a Linnen-Drapers in Newgate-street, where he buys a parcel of Linnen near 30l. and as the Carman comes by, he packs up the Linnen, and mounts it into the Car. Here pretending his old haste, with another hundred pound Load under his Arm, he plays the former Prank, and gives the Draper the Bag too. Now no Countryman coming to reckon (as promis'd) they both make bold the next day to unseal their Treasure, and see what Security they had in their custody; when to their great surprize, they found a parcel of new Half pence stowed round the Bag, with a lesser Bag in the belly on't, fill'd with fragments of old Iron. This Prank was hitherto pretty well carried, but Fortune of late Years a meer Jade to him, had a very unhappy After-game to play him: For the Vintner and Draper happening to meet together, to condole Losses and confer Notes, they chanced to remember, that one of the Carman's Steeds, was a remarkable pie-ball'd Horse. Hereupon making inquiry amongst the Fraternity of Carmen, by the Marks and Tokens of that Horse, they found out the very Man that drove off the Chattels; who what by Threats and other perswading Arguments, they prevail'd to lead 'em at last to a House in the Mint, where the Wine and the Drapery were both lodged. Here they made a shift to recover the whole Prize, excepting about five Pounds worth already embezell'd, being pretty well content to sit down by no greater loss.

[Page 28]

In much the like manner, and much such a Habit, he came to a Cutlers in Fleet-street, and leaving such another Bag there, under pretence of showing some Swords to his Master at a Coffee-house hard by, he carried off three silver Swords.

For the same Feat of activity, he came to a Coffeehouse adjacent to Pater Noster-Row, where the Master of the House was a Tayler, whose Company and Advice he intreated, desiring him to go along with him to some of the Mercers in the Row, to look upon some rich Silks which he wanted, for a country Gentleman's (his Master) and a young Ladies Wedding cloaths; the Tayler in kindness, handed him once or twice to several Shops: But one Morning, leaving his Bag behind him at the Coffeehouse, he went alone to a Mercers, a corner Shop in the Row; where he cheapning some rich Stuffs, flowr'd with Silver and Gold, a Haberdasher of small Wares passing by, and happening to set Eye upon our Chapman, made bold to lay hands upon him, and carry him off to the Cock in Amen corner; his Charge against him was, for leaving him the Bag too for about thirty Pounds in small Wares. But noise and crowd coming about him, fearing that other Complaints might appear against him, and so load him heavier than possibly he might be able to stand under, our Haberdasher wisely resolving to take care of no body but himself, danced him from house to house, till his country Chapman could raise Effects to make him satisfaction; and so having with much ado, hooked in his own Bet, he turn'd him loose agen, for the other open mouths against him, to take as fair a hunt for him, as he had done. After this mortifying Adventure, whether out of a principle of Modesty, a Virtue not often in fashion with him, or some other forgetfulness, the Bag left in the Coffee-house was never call'd for from that day to [Page 29] this; and keeping of it about three months sealed, at last they ventured to break it open, in which they found about six Shillings in new Half-pence, and a lesser Bag fill'd with pieces of old Iron, a great deal of which, as memorials of his Renown, they have kept by 'em for Relicks.

About the Year 1672. he pretended to a great Estate in Northamptonshire, and carried it on so far, as to borrow four hundred Pounds upon the Mortgage of it, of a Hampshire Gentleman. At Hannington likewise in Hampshire he married a Ministers daughter, and enter'd into Bond and Judgment of a Thousand Pound to Jointure her in fifty Pound a year; by which he got Two hundred and fifty Pound, out of her Father, as part of her Portion.

In Piccadilly about three Years since, he went to a Horse-Coursers to buy a Horse, and after he had bargain'd for, and bought him, he desired to back him to try his Goings, and rode off with him, before the HorseCourser's face, and sold him in the Country for four Pounds.

To conclude with his Frauds and Impostures, (besides the grandest and boldest of 'em all, That he left the World in,) he was charged with one Cheat after his very Death. Amongst the numerous Visitants that came to see him that Week that he lay above Ground, it happen'd that a Man and his Wife, living at White-Chapel, pressing in amongst the Crowd of Gazers, immediately remembred his Face; and seeing the Clothes there which he wore before he died, he presently owned himself the Taylor that made 'em; and that they were not only unpay'd for still, but likewise he was cozen'd out of 'em by one of the lewdest Shams that ever was put upon Man. Upon which, he repeated the whole Story at length, viz. [Page 30] That about Bartholomewtide last the now Deceased came over Night, and took a pretty handsome Lodging at White-Chapel, pretending himself newly come up by the Stage-Coach, out of the Country, his Name Bowyer; and desiring his Landlord to help him to a Taylor, 'twas his ill Luck to be the Man that was sent for. When he came to him, he found him in a thread-bare black Coat, and very much in want of Repair. He had not talk'd with him long, before he was desired to take measure of him; and whilst that was doing, up came a Foot-man in a gentile Livery, and paying him much Respect and Reverence, told him that Sir John, his Master, desired his Company at Dinner. At Dinner! (answers our threadbare Spark,) No, 'Faith; he must excuse me: I am not in a pickle (Pox of my Dog-Rogue) to stir out of Doors. No, Sirrah; these Rags upon my Arse are no Dress for Dining at White-Hall. And so, pray, go tell your Master, that I am forced to keep my Chamber at present, for I have been robb'd since I saw him last Night. The Foot boy presently ask'd him, By whom? By a young Son of a Whore, a Footman of mine, the Devil go with him. And so desiring the Boy to carry the whole Relation to his Master, he tells him very formally, "That sending his Boy last Night to the Carrier's for his Trunk, in which were two Suits of Clothes, all his Linen and Point, and fifty Pieces of Gold, the Rogue was run away with it: And though this old Suit upon his Back serv'd him well enough to come to Town in, Sir John must pardon him if he durst not stir out till he was a little better rigg'd. The Footman making a long Scrape, and departing with his Message, our Country-Squire gave a hundred hard Names to this Run-away Man of his, threatning a great deal of Vengeance if ever he caught him; for Hanging was too good for him. Whilst this Alarm held, there came ano [Page 31] ther Visitant to our Esquire, and told him, He hoped he had drawn it up to his Liking. So the Man producing a Paper, the Esquire took it, and read it; which was a long Advertisement to be put into the Gazette, describing the Marks of his Man, and five Pounds Reward to him that should apprehend him. So having read it out, and approved of the wording of it, he put his Hand in his Pocket, and gave the Fellow ten Shillings to pay for Entring of it, giving him a strict Charge to be sure of getting it into the next Gazette. After this, he began to treat about his Clothes, which he desired might be neither rich, nor gaudy; for he was past those Vanities. The Taylor accordingly, by next Day at Noon, brings him his Clothes, his Bill between five and six Pounds, which, truly, he must be forced to stay for till next Week; for the Villain and Thief his Man, had put him out of mony; but he had sent down last night by the Post for new Supplies, and by the middle of next Week, should be furnisht, and pay him very thankfully. The poor Taylor, not in the least doubting his money, was very well satisfied, for he was sufficiently convinced, that he was a Gentleman of Fashion, and hoped to find a good Customer of him. But no sooner were the Accoutrements upon his Back, and he had now liberty (no disgrace to his Gentility) to walk by Day-light; his first Progress is down to Sir John's at Whitehall, who was belike, so fond of his Company, that he would never let him find the way home again; for from that Hour, neither his White-chapel Landlord nor Taylor, cou'd ever set Eye of him.

And now to give him a little farther Visit at the Baker's (the Hospitable Roof under which he finish'd his last Master-piece) and lend the Reader some few farther Observations than those our First Part has furnish'd; [Page 32] more and above his own Personal performance in that grand Masquerade of the pretended Captain Wickham, Several Accidents both before and after his Death contributed much to corroborate and support the Impostor. To instance one remarkable one; his kind Landlord sending for the worthy Dr. F to take care of him in his Sickness, he ask'd the Doctor if he did not know him, or had never seen him before; which the Doctor (as with good reason) not well recollecting, our Patient was pleas'd to remember him, that he had the honour to Dine with him such a day, in such a year, when the Doctor was Mayor of Gloucester. Now it happening that that very day the true Captain Wickham had really Dined with him at Gloucester: the Doctor who was not much acquainted with the true Captain, and thereby not ready to Distinguish Faces, yet very well remembring such a worthy Gentleman one of his Honourable Guests that day in his Majoralty, was very ready (upon so convincing a Circumstance) to swallow the juggle, and to acknowledge him the Person he presented, which very much influenced the Credulity of the Family.

The Monday, the next day after his death, a Noble P---r attended by several Persons of Honour, came to see the Body, and was so satisfied in his being his Country Neighbour, the true Captain Wickham, that he question'd the Family why the Coroner did not sit upon him; upon which being answered, that such a Physician took care of him, and that besides, the honesty of the House in which he dyed, gave no occasion for any such reflecting enquiry into his death; his Lordship was pleased to reply, that if he was not Murthered, he must certainly die Mad, it being impossible that in his right sences he should give such extravagant Legacies to meer Strangers; nor would his Lordship be satisfied, 'till he consulted both [Page 33] his Bodily and Ghostly Physician, his Minister, and the Doctor, about his outward and inward Man, &c. Another very confirming Credential happen'd. viz. A grave Citizen of London, a near Neighbour to our Capital Cathedral, who likewise inspected the Corps, was pleased to say, he had Fifty Guineas in his Fob, and wou'd make them an Hundred, with any Man, that it was Captain Wickam. Nay, Mr. T the Proctor was so confident of his Integrity, that he deposited five Guineas with the Baker's Wife, to a Wager of five more, to buy him a Pair of Gold Fringe Gloves, that he was the true Captain Wickham; and not only so, but made two Wagers more with her, of two Guineas each, upon the same Fund. Which Wagers she was so unwilling to lay with him, as being her self so confident of his Truth, that she gave 'em for lost: Nor had been drawn into 'em, but by this Argument of the Nurses, who told her, that if he was the true Wickham, nine Guineas Loss would be nothing out of their great Legacies; and if he was otherwise, the winning of so many Guineas would make some Help towards the Charges they had been out upon him.

Besides all this, a great many Oxfordshire Gentlemen that frequented Knt's Coffee-house in Essex Buildings, were so concern'd at his Executors happiness; that rather than the Baker should run away with so much of his Estate, declared they were resolved to make a Parliament business of it. So many affirmatives, so strengthen'd the believing Baker, that he offer'd to give his Maid fifty Pounds for her Hundred; To which, she pertly answer'd, No, she was not in so much haste, to compound at that Rate, she was as well able to tarry for her Mony, as he was for his. And talking of the poor Maid, one thing must not be forgotten; the day before he died, he told her, he had left her a hundred Pounds to buy her [Page 34] a Husband, but have a care she did not Marry a Rogue that should beat her, for if she did, he had that kindness for her, he was sure, it would disturb him in his Grave, and make him Walk when he was dead.

But to return to his Death, when the Searchers came to do their necessary Office; upon inspection, they found some little extraordinary Mortification upon some nameless Part about him, that put 'em upon the Smile. Their Respect to the Worshipful deceased, made 'em somewhat modest in the Discovery; which occasion'd the Nurse to inquire into the cause of their Fleering, and ask 'em plainly, If the Captain were under the Covenant of Circumcision? Yes, truly, they replied, some such kind of Corporal Defect they had found about him. This put the Church-warden into some Surprize, who, inclinable to fancy better things of his pious Benefactor defunct, would by no means, believe either Searchers or Nurse, 'till he play'd the Searcher too, and made a Peep for his satisfaction. But, alas, he no sooner cast his Eye that way, but he found our Batchelor Captain, was in no danger of leading Apes. He discover'd him an old Soldier under Cupid's Banner; for by a sad Token, he had been a loser in the Wars: But Eighteen Eighten (sic) Wives might do much, and so the Wonder is not so extraordinary.

And now, Reader, having thus handed our great Master Actor to his last Exit off the Stage, we shall only add a Fragment more to our History, by giving you his first Entrance upon it too. His Original was very obscure, and his first start into the World, was, in no higher a Post than a Journey-man Shoemaker, in which Character he liv'd some considerable time at Worcester, understanding so little of what he profest at Banbury, viz. Chirurgery, that he knew the Virtue of no other Plaister than his own Cobler's Wax. From that Imployment, he [Page 35] took a Frolick to Sea; from whence returned, he came to Swackly, with the true Privilege of a Traveller, his Authority unquestionable, he talk'd Miracles both of his Voyages and Adventures. For Example, That he had made a Voyage to Constantinople and Barbadoes, (for East and West were all one in his Geography;) and so amused the Country-People with his Rhodomontades, that they look'd upon him as a Prodigy of a Man. His great Art he profess'd was Chirurgery, (the little he had of it being indeed gotten on Ship-board;) and what with promis'd Wonders, and great Words, the common Crutch of little Abilities, together with some Favours and Countenance received from Captain Wickham, (a common Charity from so worthy a Gentleman,) which very much heightned his Reception, he set up for a Chirurgeon: In which Station we began with him in our First Part, and there we leave him

And here we assure our Reader, that all these several Relations we have here made, are from as good and credible Authority as the best Information could give us. Nay, we have had a very great part of 'em from the Persons own Mouths that were the suffering Parties in our Narrative. And that we have wholly endeavoured to follow Truth, the Reader may be pretty sensible, by our staying near a Fortnight for the Publication of it; the Enquiries into matter of Fact being six times more work and trouble, than the Composing of our History either was, or could be.

[Page [i]]

Table of contents

• A DIALOGUE Between the AUTHOR AND THE PRINTER.

• 1. The Poor Man's Petitioning at Court.
  • 1.2. OBSERVATION.
• 2. Expectations of Benefit from a Covetous Man in his Life-time.
  • 2.2. OBSERVATION.
• 3. The Marriage of an Old Man to a Young Woman.
  • 3.2. OBSERVATION.
• 4. Endeavours to Regulate Mens Manners by Preaching or Writing.
  • 4.2. OBSERVATION.
• 5. Being a Jacobite.
  • 5.2. OBSERVATION.
• 6. Confining an Insolent Debtor.
  • 6.2. OBSERVATION.
• 7. Promise of Secrecy in a Conspiracy.
  • 7.2. OBSERVATION.
• 8. The Progress of an Enquirer after Places.

Labour in Vain: OR What Signifies Little or Nothing:

[Page 22] FINIS. [Page [i]] [Page j]

Table of contents

• TO THE Most High, Puissant, and most Noble PRINCE HENRY, Duke, Marquis, and Earl of Kent, Earl of Harrold, Viscount Goodrich, Baron Luras of Crudwel, &c. Lord Steward of His Majesty's Houshold, Lord Lieutenant and Custos Rotulorum of the County of Bedford, one of the Lords of His Majesty's most Honourable Privy-Council, and Knight of the most Noble Order of the Garter.
• THE PREFACE.

• 1. THE FRUIT-GARDEN KALENDAR.The Introduction.

[...] [...]

THE LIFE OF Mr. James Spiller.

THE transmitting to Posterity the Lives of Persons who have render'd themselves, in any Manner, or Science, whatsoever, ornamental to a Commonwealth, is a Work that is not only due to deceased Merit, but redounds to the Honour of the Person who undertakes and executes it with Truth and Ability. On this Account, Plutarch still lives, and participates the Renown of those illustrious Persons, whom his victorious Pen has rescued from the Triumphs of the Grave. The Present Age is acquainted with, and admires alike Suetonius, and the Twelve Cæsars; And the British Heroes of the ROAD communicate a Share of their own [Page 6] Glory to Captain Alexander Smith, the learned Preserver of their Exploits and immortal Fame.

Under the Encouragement of such notable Examples, I have ventur'd on the following Piece of Biography, and flatter myself, that as the Hero of my Discourse was a Person of important Consideration in Great Britain, I shall derive to myself no small Portion of his Merits and universal Applause, by the honest and pious Regard which I have shewn to his Memory.

Mr. James Spiller was born in the Year of our Lord 1692, of honest and reputable Parents. His Father was indeed no better than the Gloucester Carrier; but having scraped a pretty handsome Sum of Money together, by his own Industry, and having but this one Son, he was resolved to breed him a Gentleman, if Persons may be allowed to be such, who practice the Liberal Arts, and if Painting may be accounted one among them: He accordingly put him Apprentice to Mr. Ross a Landskip Painter, in whose Business, having always a very lively Genius, he grew a tolerable Proficient in a short Time; but a sedentary Life being, by no Means, agreeable to his natural Gayety and Vivacity of Temper, he betook himself very young to one more suitable to his Inclinations, tho' not altogether so genteel or profitable, and went with a Company of Strol [Page 7] ling Players, into several Parts of England: and so well qualified was he for this Employment, that into whatever Place he came, or in whatever Play he acted, he was, at all Times, the Life of the Performance, and the greatest Support of the Company; but although he pleased his own Humour by this Way of Living, yet it was so much against the Will of his Father, that he was hardly ever prevail'd upon to do any thing for him afterwards. So difficult a Task it is for young Men to curb their headstrong Desires, tho' check'd by the strongest Ties of Duty and Interest!

The Parts he usually appear'd in, were those of low Comedy, not, but that sometimes, in the Country, where Heroes are not very plentiful, he has represented Alexander the Great, Mithridates King of Pontus, although it must needs be confessed, excellent as he was in his own Way, these Parts were but burlesqu'd by him; but when he came upon the Stage for Hob in the Country Wake, the Widow Lackit's foolish Son, Daniel in Oroonoko, Costar Pairmain in the Recruiting Officer, and many others of the like Sort: His Looks, his most significant Shrugs and Gestures, would oftentimes set the whole Audience a laughing before he had spoke one Word.

Notwithstanding by the Liberality of several Persons of Condition to Mr. Spiller, who were [Page 8] willing to encourage One, who had so much Merit in his Profession, he was set above the Necessity of the Rest of his strolling Companions; yet he was often-times pretty much in Arrear, especially at the Tap; (for Mirth is sometimes thirsty as well as Grief) and meeting at a certain Place, (I think it was at Stamford in Lincolnshire) with a Landlord, who had no great Share of Faith, he was suddenly seized by two Bailiffs, one Evening, for Three Pounds, Eleven Shillings, just as he was going upon the Stage. He begg'd he might perform his Part, and when that was over, he would go with them whereever they pleas'd. They told him they did not care to part with him now they had got him. No more you need, replied he, For you shall both go upon the Stage, and act a Part with me, if you please, that you may be sure I will not go out of your Sight. How can that be? said the Bailiffs, We don't know how to act or speak before so many People. O! answer'd the other, Here are two Parts in this Play, wherein there is Nothing to do or say. In short, he was to act, that Night, the Country Squire in the Comedy called Æsop; and he prevailed with the Bailiffs to lead in his two Hounds for him; and finding an Opportunity to get to that Side of the Stage which was near a Door into the Street, he got clear off, and [Page 9] when he was quite out of Danger, could not help laughing to think how he had given each of the Bayliffs a Dog to hold.

It was not long e'er the Master of the Company found the Want of him, by the Receipt of his House, and took all the Ways he could think of to recover him, but all to no Purpose, for he was soon got into another very distant Part of the Kingdom, and in the Year [...] came up to London, and was receiv'd into the Play-house in Drury-Lane, which was, at that Time, under the Management of that great Genius, Aaron Hill Esq; and one Mr. Collier, a learned Attorney at Law; some of the principal Actors being then at the Hay-Market, but there was left a very good Company at the Old House, among which were Mr. George Powell, Mr. Booth, Miss Santlow, Mr. Bullock, Mr. Norris, Mr. Pack, nor was Mr. Spiller, the Subject of our present Discourse, the most despicable among them. He was well receiv'd at his first Appearance, and every Day gain'd on the good Opinion of the Town. The first Part for which he was very much taken Notice of, was that of Corporal Cuttum in the Walking Statue, written by the abovesaid Mr. Hill. It would be an Injustice to that illustrious Poet, if we were not to take Notice of the grateful Sense Mr. Spiller always expressed of the Favours he had received from him, in so much [Page 10] that when he has happened to be mentioned in his Company, he would even grow wanton in his Praise. It is to the fostering Kindness of this worthy Gentleman that the Town is indebted for some of its greatest Geniusses! Such is that Phœnix in her Way, Mrs. Eliza Haywood; the most inimitable Mr. Richard Savage; and that sweet Bud of Poetry, who was out off in the Spring of his Life, Mr. Thomas Patterson. It is Spirits like these that adorn the Age and Country they live in, and who, as that ingenious Lady, the Author of Mr. Savage's Life says, have something in the Force and Sprightliness of their own Imaginations, which more than makes amends for their Ignorance of the Classics; for what was Sapho if compared to the first, or Homer and Virgil to the latter!

But to resume the Thread of our Discourse: the two Companies in the Hay-Market and Drury-Lane being again united, the Managers thought fit to dismiss Mr. Spiller, who, as they would have it, could act no Parts but such as were in Mr. Pinkethman's Way; and they had always received too much Profit from Pinkey's Phiz, to encourage any Body to put that out of Countenance.

Mr. Spiller forced again to return to the Strolling-Trade, made himself as happy as possible, and the more so, by marrying Mrs. [Page 11] Elizabeth Thompson, a good pretty Woman, and one who might have made a tolerable Figure on the Stage, was it not for a little too much Affectation; but it is the Misfortune of a great many fine Women as well as she, when Nature has made them perfectly agreeable, to marr her Handywork, and make themselves the Reverse, by their own Distortions of Body and Features.

The Desire of several Persons to have Mr. Spiller on the Stage again, who had seen him there before, and the Report that was made of his excellent Performance in the Country, made the Managers of both Houses, (for now Lincoln's-Inn-Fields Theatre was opened) send pressing Invitations for him to come to London; and indeed it must be own'd he had partly made an Agreement with the Master of the New House to come to him, notwithstanding he went for a short Time to DruryLane; but when the first, as he is himself a most religious Observer of his own Word, sent a Friend to him to put him in mind of his Promise, he went away that Instant, although he was already dress'd for his Part in the Emperor of the Moon. His Wife came with him hither, but I cannot learn that she was very remarkable for any Thing but speaking in Men's Cloaths a Prologue to that incomparable Tragedy call'd Mangora, King of the Tim [Page 12] busians, a Play, of which no Part of the Town were capable of tasting the Beauties; nay, some ill judging Criticks have ventured to say, that it abounded with Faults, tho' I think there have been no printed Remarks upon the Plot, the Manners, the Sentiments, and Diction of it; No, no, they knew it would be a hard Task to go so far as that: But however they went far enough to provoke the Honourable Author to write a Defence of his Play, which he set forth in that facetious Pamphlet, entituled the Mus Muzzled, which, egad, did their Business for them, and smote them all Hip and Thigh. This Mus Muzzled, was to be found on every Bulk and Stall in Town, and was not dispersed in such a clancular Manner as the New Edition of the Dunciad: But why should we wonder at any Thing done by a Person, who makes no Bones of the brightest Men of the Age, by one, who can attempt to render contemptible such an amiable Character as that of Mr. Edward Ward, when all the World must own his Hudibrastic Verse has put Mr. Butler as much out of Countenance, as Mr. Charles Johnson's and Mr. Odingsell's Comedies have eclipsed the Names of Congreve and Wycherly. Nay, the very Laureat himself cannot escape him, tho' I would fain know on which of his Predecessors Mr. Eusden thinks that Title was more deservedly [Page 13] bestowed than on himself, notwithstanding Spencer, Ben Johnson, and Dryden were of the Number. Nor is even the Grave a Shelter, or Shield from the Edge of this Gentleman's Satyr, but poor Mr. Durfey is raised again from the Dead to be maul'd in the Dunciad. I would here attempt the Character of that great Lyric Poet, but that I fear the ill-natur'd will say, I am like my Lord Plausible, commending every Body; but I hope the Judicious will see that I have not given Praise to any one but who is truly worthy of Praise. No one can charge me with lavishing my Compliments upon the late Mr. Addison, or the present Dean of St. Patrick's: I have wasted no idle Ink in a Panegyric upon the Beggar's Opera; and as for the Dunciad, I don't in the least doubt but in a few Years it will be as much forgotten, and as little admired as the Dispensary.

Before I quit this Author, I must take Notice of his barbarous Usage of that Father of English Criticism, Mr. John Dennis. Are his Labours to be wedged in between Ward and Tibbalds on the Back of his Ass? Oh Envy! Envy! What would he turn the most Venerable of all Criticks into Ridicule? Has not the Force of his fine Reasoning, nor his tremendous Aspect sufficient Power to awe him? Will he not take his own Word, that no Au [Page 14] thor now living has done so much for the British Stage, or defended so manfully the Cause of the British Muses? And is not theirs the Cause of our Country? What do our Armies fight for, what do our Senates debate about, if Poetry be suffer'd to languish? This awful Bard has by the Harmony of his own Numbers, shewn himself fit to judge of the Performance of others,

I will boldly venture to affirm, notwithstanding all that Mr. Pope and his Adherents can say, that there are some of this Gentleman's Plays not to be equall'd by any that have come after him, I will hardly except the afore-mentioned excellent Tragedy of Mangora. Not only his own Country, but all Europe have confess'd their Admiration of his Play call'd Liberty Asserted; and her late Majesty's Ministers at Utrecht, found such Difficulties in their Negotiations upon Account of that Play, that sure it is not so long ago, but every one may remember how much the Peace was retarded thereby, because they could not be brought to consent to the sacrificing so valuable a Person as the Author of it, to the Fury of the French. As [Page 15] we are now in strict Alliance with that Nation, I would not rip up old Sores, nor mention their fitting out a Privateer to spirit him away from the Coast of Sussex, but only to shew of what Consequence this Gentleman has been esteem'd in the World; and now in his Decline of Life, to be treated like one who never wrote any Poetry worth reading himself, and yet has made severe and senseless Remarks upon other People, is inhuman to the last Degree. The Character these his Enemies give of him, puts me in Mind of a certain old Gentleman I have heard of some where about Charing-Cross, who seldom leaves the Tavern till Morning, but is constantly railing at late Hours and Debauchery.

If the Malice of the Author of the Dunciad continues, I shall shortly expect to see the sacred Names of Mr. Edward Biddle, and Mr. Pickering Rich, used with as much Contempt as any of those he has been already pleased to satyrize. Nay, who knows but in Time he may take it into his Head to call in Question the Merits of Mr. Giles Jacob, and Mr. Bazaleel Morrice. The great Estate and Titles of the Author of Love in a Hollow Tree, it is to be hoped will be a sufficient Defence against his Lash; but it must be allowed by all Men, that he has made free with some who [Page 16] are but little inferior in Genius to that wise and learned Peer.

Now begging Pardon of my Readers for this long Digression, let me remember where I left Mr. Spiller, 'twas at Lincoln's-Inn-Fields Play-House, in full Possession of the Applause of the Town, and in full Pay. In the Year 1715, Mr. Rich, the Patentee of the House, having resign'd the Use of his Theatre for four Nights in a Week to Mr. Keene, and Mr. Christopher Bullock, Mr. Spiller was caress'd by these new Partners, if possible, with more Fondness than by their Predecessor in the Management. From the Grace in which he stood with the Town, those Gentlemen drew no small Presages of the large Advantage they should gain in their Contract, by the Merit and Applause of his Performances. In pursuance of this Prospect, they thought it for their Interest to get up all the Plays in which he could play any Part. Nay, I am inform'd, that they have even procur'd Plays to be wrote on Purpose, that he might have an Opportunity of displaying his facetious Talents for the Entertainment of the Town. As the first Instance of which, I shall mention a Comedy call'd, The Woman's Revenge: Or, A Match in Newgate; which at this Day bears a very good Character, and brings considerable Audiences, wrote by Mr. Christopher Bullock, one of the [Page 17] above-nam'd Managers, and dedicated to Mr. Spiller, by that Gentleman, in Gratitude for the happy Figure he made in it. Which Dedication, upon the Account of it's Humour, I shall take the Freedom to transcribe.

To my merry Friend, and Brother Comedian, Mr. James Spiller.

Dear Jemmy,

MY Choice of you for a Patron, will acquit me of those detestable Characters which most of our modern Authors are obnoxious to, from their fulsom Dedications; I mean a Mercenary, and a Flatterer: My prefixing your Name to these Sheets will clear me of the Former, and there is no Fear of incurring the Scandal of the Latter, since the greatest Encomiums which my humble Pen could draw out, come far short of your just Praise. I could expatiate on your many excellent Vertues, your Chastity, your Temperance, your Generosity, your exemplary Piety, and your judicious and fashionable Management Managament (sic) in your Conjugal Affairs: But since I am so well acquainted with your Aversion to Reading, I shall content my self with mentioning the many Obligations I have to you, particularly for your good Performance in this Farce, especially in your last Part; I mean that of Padwell; in which [Page 18] you was a shining Ornament to the Scene of Newgate: And you must not think I flatter you, when I tell you, you have a natural Impudence proper to the Character, and became your Fetters as well as any that ever wore them. And I am sorry I could not, without giving Offence to the Criticks, and deviating too far from the Rules of Comedy, bring you to Tyburn, for the better Diversion of the Audience; but I hope you are satisfied with my good Wishes, and will give me leave to subscribe my self,

Your obliged
Humble Servant,

Christopher Bullock.

His grateful Sense of the Compliment paid him in this dedicatory Epistle, (which certainly carries the same Air of Truth, as the greatest Part of those Dedications which do Honour to the Majority of the richest of our Commoners and the whole List of our NOBILITY) he has frequently express'd, amongst his most intimate Companions, but delay'd, by unforeseen Accidents, making his Acknowledgement in Print, 'till the first of March 1728, which he did under the Character of Peter Padwell, upon the Account of the unreasona [Page 19] ble Success of Mr. Gay's Beggar's Opera, which he affirms was stole from Mr. Bullock's aforesaid Comedy, of The Woman's Revenge, Or The Match in Newgate, as the Reader will perceive by the following Letter of Mr. Spiller's to Miss POLLY PEACHUM; which I think it may not be improper to insert here.

To Pretty Miss Polly Peachum.

Pretty Polly say,

What makes Jonny Gay,

To call, to call, his Newgate-Scenes,

The Beggar's Opera?

Silly wretched Man,

Such a Flame to Fan,

To think of quenching Lover's Pains,

That any Dungeon can.

BUT hold me, dear Duck, whither am I running in Musical Notes, when my only design is to Forewarn and admonish thee in Mournful-guise of the great Danger we are in, from this Damn'd Thieve's Opera we are so merry about.

Pol pray retain in your Memory what the honest Cobler says in Sir Fopling Flutter Ale and History Master, &c. for which Reason, take Notice, my Girl, if we are put [Page 20] into the Crown Office, and after that into Jail, for the Sins of other People, I here enter my Protest in Form against these Treasonable Scenes,

As they are fully prov'd to be,

By Phil. Harmonicus's Key.

In the Days of that immortal Stuart, King James the First, there liv'd one Mr. John Marston, who wrote Eight Plays. One of which, call'd The Dutch Curtezan; was Printed in the Year 1605, and eight and Twenty Years afterwards, 1633, it was reviv'd with great Success, under the Title of The Revenge: Or, A Match in Newgate. And in the Year 1715, being the Second Year of King George the First, (God bless his Memory) our dear Brother Mr. Christopher Bullock, Rerevived this Comedy, and call'd it A Woman's Revenge: Or A Match in Newgate.

And now you see, in the First Year of King George the Second, that Mr. John Gay, who turns the Transactions of all the World into Fables, has Metamorphosed Mr. John Marston's Dutch Curtezan, into the Dutchess of and your Mother acts the Part, and does not prove her Marriage.

Ev'ry Page Gay has writ,

Tho' 'tis stuff'd up with Metre; [Page 21]

Points out Py and Parliament,

God bless the Speaker.

In short the Truth ought to be told, our Brother Bullock's Match in Newgate is a harmless, inoffensive Farce,

And Dedicated was to me,

As you may very plainly see.

The Beggar's Opera Mr. Gay stole from Mr. Bullock, who only borrowed it of Mr. Marston, and the Law says, The Receiver is as bad as the Thief: Besides it is most certainly a Libel against the Kg and Gt,

And we shall all be soused for our Folly,

Lockit, Macheath, Padwell, Peachum, Polly,

By other Folks Crime, Let us learn to Beware.

And keep our own Noddles, Girl, out of the Snare.

Paddington.
St. David's Day,
1728.

Peter Padwell.

Nor did Mr. Spiller, in a less generous Manner testify his Acknowledgements to Mr. Keene and Mr. Christopher Bullock, his constant [Page 22] Friends, at a Time when ev'ry new Performance drew the whole Attention of the Town to Drury-Lane Theatre, and the Cobler of Preston, a Farce, wrote by the ingenious Mr. Charles Johnson, who is celebrated for many other applauded Pieces, besides the Masquerade and the Village Opera, the last so strenuously recommended by Caleb D'Anvers, Esq; than by getting into Company with his Brother Pinkethman one Evening at the Gun-Tavern at Billingsgate, who had the Part of the Cobler, then in Rehearsal, in his Pocket. These Gentlemen, who had with an equal Warmth the Honour and Interest of the British Stage at Heart, soon gave up the Animosities that generally arise between the Comedians of Rival Theatres, and enter'd into a free, and entirely mirthful Conversation, shewing themselves, what Mr. Addison says of the late Duke of Marlborough and Prince Pringe (sic) Eugene, in the two following Lines in his excellent Poem of the Campaign,

But Mr. Spiller, (I wish I could cast a Veil over this Part of his Life,) had a sinister View, which neither of those Two Great Generals were capable of; he meditated the [Page 23] Dishonour of the Men he convers'd with, and taking the Advantage which he had waited for, of Mr. Pinkethman's being overtaken with Liquor, without any Regard to the Laws of Society, Honesty and Justice, stole the Part of the Cobler out of his Pocket, and discharging, (as he was always exceeding Generous, when he had, as he used to call it, The Cole upon him,) the Reckoning, took his Leave of the Tavern, left his Brother Pinkethman drunk and asleep, and went immediately with his Prize to his Friend and Patron, Mr. Christopher Bullock; who being a Person of an admirable quick Turn of Thought, and one who always knew what would make for his Interest, embraced Mr. Spiller and his invaluable Piece of Theft, with all the Transports that naturally arise in a truly Poetical Bosom on such an Occasion: He instantly fell to work, and by the Hints given him by Pinkethman's Part of the Cobler, was able to bring upon the Stage a Farce of the same Title as Mr. Johnson's, a Fortnight before the other House could present theirs, through the above-mentioned Advantage taken of Mr. Pinkethman by Mr. Spiller, the former not being able to recover his Part, tho' he used the greatest Application in less than that Time.

[Page 24]

Now I would have the Reader to observe, that Mr. Bullock, who always prided himself upon his Attachment to the Principles of Toryism, not only robb'd the above-mention'd ingenious Mr. Charles Johnson of great Part of the large Profits which he expected from the Run of a Farce, which was wrote, so much to the Support, and the Defence of the Hr Succession, but wrote his own Farce, call'd The Cobler of Preston, likewise in quite another Manner, turning into Burlesque and Ridicule all Mr. Johnson's Thoughts and Designs, and giving Spirit to that Party which Mr. Johnson had rendred contemptible and Spiritless. To this, the Gentleman who is the Subject of my present Discourse, may be said to be accessary, and his Principles with respect to the Government, may be brought into Dispute, as he not only knew his Brother Pinkethman to be a fervent Friend to the Interests of his late My, and his Administration, but was satisfied that his Patron, Mr. Bullock, for whose Sake and Interest he was guilty of so felonious an Act, as picking Mr. Pinkethman's Pocket, was a Person whose Hopes depended entirely on the Favour of a contrary Party.

To strengthen our Suspicion of Mr. Spiller's unhappy Sentiments, with regard to the Gt, and to shew the mutual Confidence that seemed to subsist between Mr. Christopher [Page 25] Bullock and him, I shall now take Notice of another Farce, call'd The Perjuror, wrote likewise by the abovesaid Mr. Christopher Bullock, which was acted in Opposition to the Nonjuror, a Comedy written by that undoubted Lover of, and Ornament to his Country, Mr. Colly Cibber, and in which Mr. Spiller bore a considerable Part, and spoke a Prologue to it, which gave Mr. Cibber and the Court-Party no small Chagrin. No Body will wonder if this Farce had a considerable Run, to very large Audiences of Persons who went under the Censure of being disaffected to the Government, since Mr. Spiller was the Comedian, who, next to the Party-Jokes in it, gave, by his Performance, a Life and Spirit to it.

The Liberty I have taken with Mr. Spiller's Character in these Reflections on his Moral and Political Conduct, may, perhaps, seem very surprizing to those who are acquainted with the Intimacy that has been between us for near twenty Years: But the Regard I have to Truth, and my own Reputation as an Historian, compels me even to break through the Bands of Friendship; nor can I leave such a Chasm in my History, as omitting a Circumstance of such Moment to the curious Reader, as that, of his going from Mr. Rich's Theatre, (for Mr. Keene and Mr. Bullock were [Page 26] both dead,) in the Year 1720, to Ireland, immediately after his Benefit Night, when he received through the Generosity of the Town, an Hundred and Seven Pounds in Money, out of the Office belonging to the Play-House, and did not give any of his numerous Creditors the Favour of a Visit. He stay'd there till his Pockets were quite drain'd, or, (as he himself term'd it,) he was Seedy; and being requested by Mr. Rich to return to his House, thought it no disagreeable Invitation, and accordingly accepted of it, and came to London, and was re-established in Lincoln's-Inn-Fields Theatre; but such are the Charms of good Liquor and good Company, that four Pounds a Week were not enough to keep him out of the Hugster's Hands; and having mortgaged his Pay, and taken up several Sums of Money at extravagant Interest, he was forced in the Year 1722, to take Shelter in the Mint, and being drove to very great Straits, he was reduced to have a Play acted for his Benefit in that Place; but the South-Sea Business having brought a little better Company there than usual, he made a Shift to scrape together about Twenty Pounds: The Play was The Drummer: Or, The Haunted House, to which, upon this Occasion, he himself wrote the following Epilogue, which has been already printed in a Paper that came out at that Time, called The [Page 27] Whitehall Journal, but from a very incorrect Copy, above Ten Lines being omitted in That, which are here in their proper Place.

EPILOGUE
Written and Spoken by Mr. Spiller, for his own Benefit, in the Mint.

OUR Journals have so much your Minds engrost,

From Mist and Cato, down to Heathcot's Post,

With strange Adventures in the Church and State,

And sometimes on the Stage new Turns of Fate;

That to divert you in your proper Sphere,

I'll shew my Fortune's Revolution here.

Odd may it seem indeed, a very Joke,

That Player should complain of being broke;

But so it is. I own it, void of Shame,

Since all this worthy Circle are the same.

But Pardon I perhaps mistake the Matter,

You mayn't have all Occasion for Mint Water:

Were't so, our Fate we need not much deplore,

For Men of Note have made this Tour before.

Since South-Sea Schemas have set the World a madding,

Some topping Dons have hither come a gadding.

Pall-Mall no longer can some Sparks delight,

And Covent-Garden grows too unpolite, [Page 28]

These much renown'd in Stocks, and some in Print,

Have learnt to shift their Lodgings to the Mint:

Who in 'Change-Alley can no longer meet,

Now keep their Cash in mimick Lombard-Street.

The Wits indeed find no great Change of Fare,

They still enjoy their usual Diet Air.

Next to myself and What brought me to th' Place,

'Twas neither Stocks, nor Wit, nor too much Grace.

You needs must read the Reason in my Face;

'Twas owing Money, that eternal Plague,

And Dread of ^† Duel, Morrice, and of Hague.

But here we're snug from all such merc'less Wretches,

Fenc'd round by fragrant, Baily-dipping Ditches.

'Tis true, their Waters are not quite so clean

As those which flow from Poet's Hippocrene,

But, like Red Seas, they keep th' Ægyptians from us,

And safely guard us in this Land of Promise.

And faith they have some Inspiration too,

For 'till this Night my Pen I never drew,

But such their Pow'r, this Epilogue will show it,

By Them, or Poverty, I'me made a Poet.

A Virgin Muse, Gallants, should find some Grace,

She may prove kind in Time: She's in a hopeful Place.

[Page 29] This was the first Piece of Poetry my Friend Mr. Spiller, as he assur'd me himself, was ever guilty of; It is very certain, notwithstanding all the Care I have taken to give the Publick as exact an Edition of it as possible, there are many obscure Lines in it, which must arise from the Carelessness or Interpolations of Copyists, but the learned World may shortly expect to see the Genuine Text restored by that elaborate and circumstantial Critick Mr. L. T. who, as I am told, has spent some Time about it, and designs to publish it with such ample Notes, as will make, with the Prolegomena, Testimonia Authorum, and Appendix, two Volumes in a handsome Octavo: This is a Work which, it is to be hoped, for the Usefulness of it, will meet with Encouragement from the Publick, the Subscription not being above 25 Shillings in Sheets, and as to the time of its being delivered to the Subscribers, every Body knows how punctual this Gentleman has always been in this Particular.

As it is impossible for any Man, how inoffensive soever in his own Behaviour, to pass through the World without making some Enemies, so Mr. Spiller was not without those who maliciously and groundlesly reported this Epilogue was not of his own Writing, but that he was hew as (sic) assisted therein by the great and admir'd [Page 30] Authors of that Never-to-be-forgotten Dramatick Opera called Penelope.

I must own I have here a strong Desire to enter upon the Character of those immortal Poets, who never had met with a Paralell in the Dramatick Way, if Mr. Johnson had not come from Cheshire, to oblige the Cities of London and Westminster with his Hurlothrumbo, or News from Terra Australis Incognita at the same Theatre, but that I have already tired my Readers by too long Digressions, and should I once begin upon so copious a Subject, and give the proper Eulogiums due to each of those memorable Bards, I must swell my Volume much beyond the Size I propose, and make a bound Folio, or a Quarto at least: Besides, I can the more easily put the Restraint upon myself, since I am informed that Capt. Alexander Smith, the renowned Biographer, whom I have mentioned in the former Part of this History, has undertaken to write the Lives of the modern Poets, with the same Accuracy and Elegancy of Stile, as he has shewn in the Lives of the Highwaymen, and in this intended Work, no Doubt, Justice will be done to two Authors who maintain so considerable a Rank in the Commonwealth of Letters.

The Applause Mr. Spiller receiv'd from his Friends and Companions upon the Account of the above-mention'd Epilogue, encourag'd [Page 31] him to try his Genius in several other Pieces of Poetry: And tho' Mr. Christopher Bullock in his above-printed Dedication of The Woman's Revenge, Or, A Match in Newgate, to him, was pleas'd to compliment him upon his being an Enemy to Reading, I have it in my Power to assert the contrary upon my own Knowledge, I my self having at his Desire, borrow'd Byshe's and Gildon's Arts of Poetry for his Assistance, from whence having learn't the Rules of Measure, and furnish'd his Head with as great a Competency of Jingles for the Ends of Verses, as most of our Squab-Poets about Town can make Boast of, he brought forth several very pretty Pieces, with which he frequently entertain'd his Friends in private, though his Modesty would not give him Leave to make them public, he once ventured so far as to re-translate the Third Ode of the Ninth Book of Horace, from an old Translation, which he bought for Two-pence in Duck-Lane, after the following manner.

HORACE.

While I was welcome here, and thee

Not any dearer Youth caress'd;

Methought not Persia's King could be

So with his whole Seraglio bless'd.

[Page 32]

LYDIA.

While you could feel no other Flame,

Nor Lydia next to Cloe love;

Your Lydia was a greater Name,

Than Mistress e'en of Mars or Jove.

HORACE.

I'm now the Cretan Cloe's Slave,

She sings and plays, Oh charming fine!

And would the Fates her Life but save,

I would not fear to lay down mine.

LYDIA.

Me, Calais, Ornith's Son and Heir,

Does with a mutual Passion heat;

To die, and die again, I'd dare,

Would that redeem the Boy from Fate.

HORACE.

But say; should yet old Love revive,

And link us in a firmer Chain;

If charming Cloe out I drive,

And take cast Lydia in again.

[Page 33]

LYDIA.

Though He; a gentle Soul and civil,

Gay, generous, doting-fond, and true;

Thou whimsical, thou testy Devil,

I e'en would live and die with you!

The writing these Verses was occasioned by a Quarrel and Reconciliation between him and one Mrs. Stratford, dwelling in Wild-Street, with whom, after his Separation from his Wife, he lived for some Time in great Intimacy. And here it may not be improper to give the Reader a Notion of Mr. Spiller's Taste of Beauty, by describing the Person and Perfections of this Lady, who had the Happiness to captivate his Heart. She was in Stature just rising to that Height where the Graceful can only begin to shew itself, of a lively Aspect; and a Command in her Mien, that like the principal Figure in the finest Paintings, first seizes, and longest delights the Eye of the Spectator. Her Voice was shrill, strong and piercing; her Pronunciation indeed a little too Voluble, and her Emphasis always placed with great Spirit in her Periods. She had one peculiar Happiness from Nature, she look'd, and maintain'd the Agreeable at a Time, when other fine Women only raise [Page 34] Admirers by their Understanding. 'Tis true she could not boast much of her Paraphernalia, her best Gown being a Coventry Yard Wide, a pretty deal the worse for wearing; but Mr. Spiller, while his Amour continued with her, did the utmost in his Power to see her dress'd according to her Condition, and, even when he was on the other Side of the Water, allow'd her Fourteen Pence a Week, and gave her Three Shillings and Six-Pence at one Time, to buy her a Hoop at Rag-Fair: And not long after this, upon Valentine's Day, he sent her, as she assured me herself, the following Copy of Verses, with a new flourish'd Apron.

To Mrs D. S.

Health, Sense, and Virtue, Gifts Divine!

Still bless my lovely Valentine!

She, who would truly bright appear,

Must be as prudent as she's fair.

An unaffected Modesty,

Hath lasting Charms, which far outvie

The finest Shape, the sparkling'st Eye.

Beauty alone may Conquests gain,

'Tis Virtue must secure her Reign.

There are who each Perfection prize,

The Amorous This, and That the Wise.

But when we both united find,

The Body fair, and bright the Mind, [Page 35]

What Words can so much Worth unfold?

The Diamond is set in Gold!

Alike the Grave and Gay admire,

All burn, but with an hallow'd Fire.

In you, fair Dinah! with Delight,

I see those diff'rent Charms unite;

And thus, with Ribbons, Fans and Gloves,

Whilst others Valentines their Loves

Regale, the Tribute that I send,

Bespeaks the Lover and the Friend.

This flow'ry Linnen has Pretence

To grace thy blooming Innocence.

O! guard it safe! Let no rude Hand

Stray o'er, and soil this spotless Band?

Now, pure in it's own Snow, how fair,

How like yourself does it appear!

When once 'tis rumpled, stain'd and torn,

It may disgrace, but can't adorn.

Away the worthless Thing you'll throw,

Just as lewd B did you know who.

By the foregoing Verses, it may be imagin'd that Mr. Spiller's Passion for Mrs. Stratford was purely Platonick, by talking so much of her Virtue, and indeed, altho' she admitted Visits from him, she was cold to all Mankind besides, and rather than suffer another to share those Raptures which she preserv'd alone for him, or prostitute her self for Gain, she has condescended to several Employments much below the Dignity of one who sometimes lay by the Side of so great a Man; such as dealing, at one Season of the Year, in Asparagus, and at another in Rumps, Burs, and hot bak'd Faggots.

Now I am upon the Topick of Mr. Spiller's Amours, I cannot omit that which he carry'd on with Mrs. D the Duke of Rs Mistress, which lasted for a considerable Time, but ended, at last, in a great Quarrel between them, and the utter Ruin of Mrs. D in the Duke's Favour, through Mr. Spiller's inadvertent Discovery of the Intrigue for a Joke; For being dress'd a little cleaner than ordinary, and the Duke happening to be behind the Scenes, could not help taking Notice of it. ‘"Yes,’ (says Jemmy) ‘my Linnen is not only clean, but as fine as any of your Grace's.’ ‘"That's impossible,’ reply'd the Duke, upon which the other shew'd his Grace the Coronet and his own Mark upon his Shirt, it being one Mrs. D had, that Day, lent him. The Duke, by this Circumstance being convinc'd of what he had some slight Suspicion of before, from that Night would never have any thing to say to her; so that the Lady lost a very good Keeper, and poor Spiller an Opportunity of appearing so spruce as she oftentimes made him. He thought himself so happy in her good Graces, [Page 37] 'till this Piece of Folly ruined him, that they often wish'd their Inclinations for each other might be as lasting as their Lives, as you may see by the following Verses he sent her a little before their Quarrel.

You say, my Dear, in the soft Hours of Love,

You wish our mutual Flames may constant prove,

Kind Heav'n, if from thy Heart those Wishes came,

Grant it to end but with our vital Flame.

Whatever Opinion the World may have of Mr. Spiller as a Poet, I am sure Nobody will refuse him the Praises due to a good-humour'd Fellow and a most facetious Companion. Mr. Spiller was not only esteem'd by the Managers of the House, as one on whom much of their Interest depended by all the Frequenters of that House, for the constant Diversion his humorous Behaviour on the Stage afforded them; but in private Conversation, by many of the smartest and prettiest Fellows about Town, who acquired that Character oftentimes by retailing his merry Conceits to their Companions: Nay, some Persons of the first Rank have not thought an Evening ill spent in so good Company: the late Duke of Wharton particularly took much Pleasure in passing some of those [Page 38] Hours he devoted to Mirth, in the Company of honest Jemmy; a Familiarity with a Man of such Quality is certainly to be look'd upon as a great Honour done to a Person of his low Station of Life, but it happen'd quite otherwise at a certain Time to poor Spiller, for his Grace having, one Evening, an unaccountable Frolick come into his Head of obliging every Man in Company to disrobe himself at ev'ry Health that was drank, of some Part of his Covering, first a Peruke, then a Coat, and afterwards a Waistcoat. Poor Jemmy, when they came to the last, made a Thousand Excuses, but all to no Purpose, for the Duke insisting upon having his Toast pledg'd in the same Manner he had drank it himself, he was forced to own that having Mislaid his Shirt he had forgot to put it on that Day, and so was expos'd in his Buff to the whole Company, which, you may imagine occasion'd not a little Laughter; therefore how much happier had it been for him to have contented himself that Evening, with the humble Conundrums of some of the Peers of his own House, who might have been in the same Condition with himself. But this cursed Ambition leads a Man into numberless Inconveniences.

Mr. Spiller's free and expensive Manner of Living still continuing, and not having the Convenience of his usual Sanctuary in Cases of [Page 39] Extremity, the Mint, that Place being put down by Act of Parliament, he became a Victim to the Resentment of his mercyless Creditors, and a wretched Property to Bailiffs and Spunging Houses, by whom, after they had drain'd his Pocket to the last Half Penny, he was ungenerously deliver'd up to Goal. But in this Place it was his peculiar good Fortune to experience, contrary to the usual Custom of those Places, a great Indulgence and Civility, upon the Account of the pleasant and facetious Temper which he preserv'd in those unhappy Circumstances; and particularly when he was thrown into the Marshalsea Prison, at a certain Time, at the Suit of several Persons, his jocose Conversation so won upon the Good-Nature of the Person who was then Deputy-keeper of the Goal, that he found a very sincere, generous and serviceable Friend in him ever after; not only assisting him at that Juncture, to make his Affairs easy with his Plaintiffs, and appear in the World again, but continuing the same good Office to him, whenever it was his Fate to come under his Hands as a Prisoner again. In short, by the Management and unwearied Industry of this Person, Mr. Spiller's Circumstances were, a few Months before the World was depriv'd of him, brought into so easy and comfortable a Situation, that he could not only, on a common Week Day, [Page 40] venture out of the Play-house, which was made a Sort of Garrison by those of his Brother Comedians who went under a small Suspicion of Debt, to pay his Friends a merry Visit or so, but even was able to give his Acquaintance the Enjoyment of his Company, whole Days and Nights together, without the least Apprehension of Danger, at the House of his above-mentioned Friend, who being of too generous and humane a Temper to continue in the Office of a Goaler, and live in Luxury by the Misfortunes of Wretches who were committed to his Custody, quitted that mercenary Employment, and took a publick victualling House near Clare-Market; where, His Sign, though seemingly well adapted for the Place, was judg'd too vulgar and unpolite to countenance the Resort of such Gentlemen of Taste and Consequence as Mr. Spiller's Mirth and influence invited thither, was, by the concurrent Desire of an elegant Company, who were assembled there over a Bowl of Arrack Punch, one Evening, (about Three Months before Mr. Spiller's Death) and by the generous Offer of Mr. Legar, who was one of the Company, and as excellent a Master in the Science of Painting as Musick, chang'd from the Bull and Butcher, to Mr. Spiller's Head; and drawn by the said Mr. Legar, gratis, in a Manner, and with a Pencil, that equal the [Page 41] proudest Performances of those who have acquired the greatest Wealth and Reputation in the Art of Painting.

To prove that he was an exceeding good Punster, pray take the following Specimen of his Wit in that Way. It was at a Time when the Town gave but very little Encouragement to Lincoln's-Inn-Theatre, which forced the Master of the House to be a little behind-hand with his Actors. They being met as usual at Rehearsal on a Saturday Morning, with Hopes of receiving some Part of their Pay, young Bullock, who had always a strict Friendship with Mr. Spiller, after having been at the Office, comes upon the Stage again to his Friend, with a sorrowful sorrwful (sic) Countenance, Faith, Jemmy, there's no Cole, said he; Cole you must understand is a Cant-Word for Money. Why, then reply'd the other, if there is no Cole, we must burn Wood. You are likewise to remark here, that Wood was the Name of the Man who was to pay them.

Mr. Spiller's Wit was not the Effect of Wine; for he was the same over humble Porter; the same when he drank nothing; nay, like that arch French Wag Scarron, he would sport in the midst of Pain; for being one Night in great Torture with the Tooth-Ach, a Barber that was behind the Scenes, desired that he would let him draw his Tooth for him, No, [Page 42] said he, I can't spare one now, Friend, but you may draw them all after the 10th of June if you please, for I shall have no Occasion for them then; meaning when the Company gave over playing, he should have nothing to eat.

Going one Day through Rag-Fair, he cheapen'd a Leg of Mutton, for which they ask'd him Two Shillings; No, says Jemmy, I can't afford to give you Two Shillings for a Second-Hand Leg of Mutton, when I can buy a New One in Clare-Market for Half a Crown.

A certain Officer of the Army, who was very much addicted to enlarge his Narratives beyond the Bounds of Truth, was, one Night, diverting the Company behind the Scenes with an Account of a Pike that he saw alive, which was above Five Foot long. Pish, replyed Spiller, That's nothing, I myself have seen a Half-Pike six Foot long, that has not been worth Two-pence.

When he lay ill of the Small-Pox some Years since, an Acquaintance coming to see him, and bewailing the Misfortune of his being at that Time Blind, Oh, said he, I shan't be so long, for Puppies you know always see at the End of Nine Days. Nay, but a few Days before he died, being carried up to lye in a Room on the same Floor with Mr. Walker at the Play-House, with whom he had had some [Page 43] little Dispute not long before, You see Tom, said he, I have kept my Word; I told you I would be even with you before long.

To mention all the numerous Circumstances that attended the Life of this valuable Member of our Common-Wealth, Mr. Spiller, is a Task which I am perswaded, his dearest Friends, and those who are most religiously tender and careful of his Memory, will excuse me from undertaking. Let it suffice, that during the Run of the Beggar's Opera, which was the longest that any Dramatick Piece that ever yet appeared upon the British Stage met with, he made his last important Figure as a Comedian, in the Character of Matt of the Mint, which seems to be the next in Rank to that of Macheath, and outdid his usual Outdoings to such a Degree, that whenever he sung the following AIRS, which I shall take the Liberty to transcribe, he executed his Part with so truly sweet and harmonious a Tone, and in so judicious and ravishing a Manner, that the Audience could not avoid putting his Modesty to the Blush, by repeated Clamours of Encore, Encore.

[Page 44]

ACT II. SCENE I.

Matt of the Mint at a Tavern near Newgate, in Company with the rest of his Gang.

AIR XIX.

Matt.

Fill ev'ry Glass, for Wine inspires us,

And fires us

With Courage, Love and Joy.

Women and Wine should Life employ:

Is there ought else on Earth desirous?

AIR XX. In the same SCENE.

Matt.

Let us take the Road;

Hark, I hear the Sound of Coaches?

The Hour of Attack approaches,

To your Arms, brave Boys, and load.

See the Ball I hold,

Let the Chymists toil like Asses,

Our Fire their Fire surpasses,

And turns all our Lead to Gold.

I am not insensible that those Persons are not wanting, who either wantonly or maliciously report that Mr. Spiller's doing so much Justice to this his Part of Matt of the Mint [Page 45] is to be attributed to the Fondness he frequently shew'd of resorting, in Company with his Brother Pinkethman, and other Comedians of the same Note for a polite Taste, to the Taphouses, or Lodges of most of the Goals in London, and the particular Esteem which he always express'd for the instructive and elegant Conversation of Mrs Spurling, whose inspiring Liquors have encourag'd such Numbers of Newgate Heroes, to laugh both at the Laws of their Country, and the Ordinary's pious Exhortations at the Gallows.

But as I am ambitious only how to render this my Account of his Life worthy the Perusal of the sedate, virtuous and well-meaning Part of my Countrymen, I shall not descend to sacrifice the Character of my Hero, by giving into any such foolish or disingenuous Suggestions, but conclude that he always thought himself bound in Honour, to do every Author who brought a Play upon the Stage, and obliged him with a Part in it, the strictest Justice imaginable, and upon that Principle only, prevail'd upon himself to enter into this particular Part with so much Sprightliness and Vigour, in Defiance of our common Laws, Decency, or Chranty, to all which he, at other Times, profess'd the most zealous Submission and Adherence.

This was the last Part, as I observ'd before, [Page 46] in which he appear'd on the British Theatre, truly like a Comedian, and like Mr. Spiller; not that he did not act in several other Parts besides, in the same Season, but that the Master of the House, biggotted to a Performance by which he had got so much Money, was loath to take off the good Impression which it had made on the Town, and therefore thought proper to represent no other Plays, during the Intermission of its Run, than such, as by frequent Use, were grown stale, and uncapable of recovering the Taste and Senses of the People, and in which Mr. Spiller could not appear with his usual Advantage.

Let me desire the Reader now (having gone through all the material Circumstances of his Life, which I was acquainted with, either by my own particular Knowledge, or the Information of those who were most intimate with him, with the greatest Impartiality) to view him in his last melancholly Scene, (melancholly Retrospection indeed, to all the Friends of Wit, Humour, and good Acting!) His Departure from the Stage, not only of Lincoln'sInn-Fields Theatre, but of Life itself.

Being always ready to discharge his Duty to the Play-House, in whatever Manner he should be appointed, on the 31st Day of January, when His Royal Highness the Prince of Wales had commanded a Play to be acted, [Page 47] to which the Entertainment of Pluto and Proserpine was to be added, and in which he was to perform a very important Part, he would by no Means, notwithstanding he found himself out of Order, give an Interruption to the Business of the House, by publishing his Illness, but ventur'd on the Stage, where, in the Midst of the Part he was to perform, he was seized with a Sort of an Apoplectick Fit, and carried off the Stage, to have the Assistance of a Surgeon, who, notwithstanding he us'd all his Art, could not give a longer Respite to his Life, than till the 7th Day of February, when he expired in the very same Room which occasioned that Pun before-mention'd, which he made to Mr. Walker.

Having thus done Justice, I hope to the Memory of my deceased Friend, I shall only add, that he was buried at the Expence of Mr. Rich, the Master of the Theatre, by Mr. Hawkins, an Undertaker, living in St. Clement's Parish, in the Church-Yard belonging to the said Parish, three Days after his Death, in a very decent Manner, in the 37th Year of his Age, and that the following Epitaph was dedicated to his Memory by a Butcher of Clare-Market, who had frequently partaken the Pleasure of his most agreeable Company, at the House which was honour'd with his Sign.

[Page 48]

An EPITAPH on Mr. James Spiller. Written by a Butcher of Clare-Market.

DOWN with your Marrow-Bones and Cleavers all,

And on your Marrow-Bones, ye Butchers fall;

For Prayers from you, who never pray'd before,

Perhaps, poor Jemmy may to Life restore.

What have we done? the wretched Bailiffs cry,

The only Man by whom we liv'd, should die!

Enrag'd they gnaw their Wax, and tear their Writs

While Butcher's Wives fall in Hysterick Fits.

For, sure as their alive, poor Spiller's dead!

But, Thanks to Jack Legar, we've got his Head.

Down with your Ready Cole, ye Jovial Tribe,

And for a Metzotinto Cut subscribe.

The Markets traverse, and surround the Mint,

It shall go hard, but He shall be in Print.

For

He was an inoffensive, merry Fellow,

When Sober, hipp'd, blith as a Bird, when mellow.

FINIS.

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

UNderstanding a Play call'd Gustavus Vasa, was preparing for the Publick, I had the Curiosity to attend a Friend of the Author's to the Rehearsal at the Theatre-Royal in DruryLane: But as Praise often raises to Adulation, I was in some Fear (like a Lover's warm Description of the Charms of his Mistress) it would fall short to one prepared for the strictest Examination: I went, not in the least prejudiced in its Favour, but was extremely exremely (sic) surprised to find my self so agreeably Disappointed.

There is not only what the Actors call Business in it, but a Nobleness of Stile and Thoughts, that has in my Opinion rank'd it in the Class of the best Tragick Authors.

I therefore went Home, full of the noble Ideas the Piece had stamp'd on my Mind, and form'd a Resolution of extracting from the Best Historians, the Life and History of this Northern Hero, GUSTAVUS VASA.

[Page 4]

THE Kingdom of ⁽¹⁾ Sweden was an Elective Kingdom till the fourteenth Century, and by that Right, the Swedes, often depos'd their Monarchs when they had the least view of infringing their Liberties.

The King could neither raise Money, declare Peace or War, without the Consent of the Senate, nor build any Fortifications. The Representatives of the Kingdom were the Nobility, the Bishops, and Deputies of Towns, nay even the Peasants were at last incorporated into that Assembly.

About the Year 1692, this warlike Nation that had conquered Rome above thirteen Centuries past, was subdu'd and brought under Subjection by a Woman, Margaret Queen of Denmark and Norway: But after the Death of that heroick Queen, Sweden often felt the Shocks of Civil Wars, alternately shook off the Danish [Page 5] Yoke, and submitted to it, was sometimes govern'd by Kings, and somtimes by Administrators.

About the Year 1520, this Kingdom was oppress'd by two terrible Tyrants, Christiern, the Second King of Denmark, a Monster in Nature, cloath'd in every Vice, and Trollio, Archbishop of ⁽²⁾ Upsal. These two wellmatch'd Tyrants agreed to seize in one Day at ⁽³⁾ Stockholm, the Magistrates, the Consuls, and ninety four Senators, who all suffer'd Death, under Pretence that they were excommunicated by the Pope, for defending the Rights of the State against the Archbishop, whilst these two Tyrants were employed in the utmost Exercise of arbitrary Power.

Gustavus Vasa, (the Subject of our noble Drama) was lineally descended from their famous King Canutson, he was one of those extraordinary Genius's, who are so rarely form'd by Nature, to govern Mankind; his Person was amiable, his Air majestick, his Eloquence, which receiv'd an additional Force from the agreeableness of his manner, was the more persuasive, as it was less artful. His enterprizing Genius form'd such noble Designs, as might appear rash to vulgar Souls, he was intrepid with Prudence, calm in an Age of Cruelty and Horror, and as virtuous, as the most guiltless.

[Page 6]

The first Appearance of this great Hero, was under Steno, the Administrator (so the Chief was called.) His force of Eloquence, and Reason, insensibly crept into the Heart of Steno; by Gustavus's persuasion, he arm'd the Peasants with Fire-arms, who before that time us'd no Instruments of War, but Bows and Arrows. The first Proof of his invincible Courage, was at the Battle of ⁽⁴⁾ Wedel, against Christiern's Army. He was the first that broke their Ranks at the Head of Steno's Horse, and to his visible Courage and Conduct the Victory was owing. Most of the Danes were cut to Pieces, and the remaining few made a disorderly retreat to their Vessel, not thinking themselves secure till their safe arrival in Denmark.

After this Success, Gustavus led his victorious Troops to beleaguer ⁽⁵⁾ Steque, where the Archbishop was fortify'd. The Troops commanded by Gustavus, under the King, carry'd their Works to the Foot of the Wall, but the furious Priest defended the Place with the greatest Vigour, contrary to the opinion of the Garrison, who call'd for a Surrender, well knowing if they were taken by Storm, they wou'd be treated as Rebels, and Traitors to their Country.

The Archbishop, finding no Persuasions wou'd prevail on the Garrison to defend the Place, desir'd to treat with the Administrator at his Tent, demanding Gustavus shou'd enter the Castle as Hostage, which was comply'd with, but fearing the Administrator wou'd treat him as a Rebel, he left order with some of his Adherents, to hang up Gustavus over the Battlements of the Castle, if they saw he was detain'd as Prisoner: But Steno declaring he wou'd leave his Trial to the Senate, (the Priest imagin'd he had Friends enough to vote him not Guilty) the Castle was surrender'd, and he went on his Journey to Stockholm, [Page 7] with such a proud State and Equipage, as if he had triumph'd over the Enemies of his Country, imagining the dread of Christiern wou'd prevent even his Trial; but he was much deceiv'd, for on his arrival, the Senate proceeded to his Trial with the utmost Vigour, and he was condemn'd to retire from the World, to lead a private Life, first forfeiting all his Dignities.

In the Month of May (1518) Christiern prepar'd for another Invasion of Sweden, and in June besieg'd Stockholm, but the Garrison and Inhabitants having an intire hatred for the Danes, resolv'd to defend it to the last Man. Every Foot of Ground the Besiegers gained, cost 'em the Lives of Hundreds.

The Administrator, having assembled and disciplin'd his Troops, proceeded with long Marches, to attack the Army of the King of Denmark, who fearing, between the Army and the City, he shou'd be overpower'd, rais'd the Siege precipitantly precipantly (sic) , and march'd towards his Ships, but Gustavus with the Swedish Horse, fell like Thunder on their Rear, kill'd the third part of the Besiegers, pressing many into the Sea, who perished there; made above three hundred of their Officers Prisoners, who oppos'd him to give their King time to escape: Yet this fatal Retreat, was not the last of their Misfortunes, the very Winds prov'd their Enemies, blowing full three Months against 'em, which prevented their sailing to Denmark, and their Provisions falling short, they were forc'd thro' Necessity to land in Troops for Subsistance. But their Guardian Angel Gustavus, watching for the good of Sweden, was ever among those that landed, and reliev'd the Wants of many of the Danes, by Death with his Sword, who flew before him like fearful Pigeons from the Hawk.

Christiern being drove to the utmost Necessity sought for a Truce, and beg'd for an Interview with the Administrator, on board his Fleet, but the Senate wou'd not agree to it, well knowing the Dissimulation of [Page 8] the King of Denmark, who, indeed intended, if he had prevailed on him to come on Board to have made him Prisoner.

Failing in this, he thought of another Stratagem: he imagin'd if he cou'd get Gustavus, and some other young Lords into his Custody, it wou'd prevail upon Steno, to come to any Terms, or if he refus'd, wou'd at least cause Disturbances and Factions among the Friends of these Noblemen, and draw him to his Ends that way. He therefore agreed to meet Steno, and the Senate in Stockholm, upon Condition, Gustavus, and six young Lords that he wou'd name, shou'd remain on Board his Ship as Hostages.

Gustavus, and the young Lords that were chose by the Danish King, cheerfully comply'd; when they came to the Shore-side, the Admiral of the Danes, attended by several Officers, landed to salute 'em, while they were in Conference, the Hostages were surrounded with Soldiers disguis'd like Mariners. In the mean time, the King of Denmark descending to his Boat, in order to come on Shore, the Admiral invited Gustavus and the rest on board his Boat, to meet his Master, and salute him.

Gustavus, tho' too late, perceiv'd the Treachery against the Law of Nations, yet went with his Companions cheerfully into the Admiral's Boat, well knowing Resistance wou'd be vain. When they came on Board, they were brought before the King, who order'd them to be disarm'd, and sent a Message to Steno, who declar'd in his Master's Name, their Heads shou'd be struck off, unless the Archbishop was restor'd to his former Dignities, &c. Steno, and the Swedes were so incens'd at this Indignity and Treachery that they hurry'd on Board their small Vessels with their Arms, either to recover their Hostages, or die in the Attempt. But Christiern, with the help of fair Wind, that rose that Morning, was sail'd for Denmark, and the generous Swedes were oblig'd to return regretting with Tears the loss of Gustavus and his Companions.

[Page 9]

The Danish King left no means unattempted to corrupt the Fidelity of Gustavus and his Companions, but in vain. Their Resolution and Constancy had almost cost 'em their Lives, for dreading the Courage and Indignation of Gustavus, if he shou'd be releas'd, gave secret Orders to put him and the other Lords to Death. But the Dane who receiv'd that Order, abhorring so barbarous a Proceeding, or fearing, perhaps, the Law of Retaliation if by the Chance of War he shou'd fall into the Hands of the Swedes, took the liberty to tell his Master, that the Death of those illustrious Captives, wou'd be prejudicial to his Interest, but by detaining 'em Prisoners, he might keep their Relations in awe. These Considerations made so great an Impression on the Tyrant, that he contented himself with their Imprisonment in the Castle of ^* Copenhagen, where they were so cruelly us'd by his Order, that some of 'em expir'd under their Torments.

But Eric Banner one the Lords of Denmark, and a near Relation to Gustavus, who admir'd his Virtues, fearing his Life, won so much upon Christiern (by insinuating he did not doubt but he shou'd work him to his Interest) that he gave him to his Protection, on Condition if he made his Escape, he should pay for his Ransom six thousand Crowns of Gold (in those Times a great Sum.) The noble Banner did not think any Condition too hard to save his illustrious Kinsman. But notwithstanding the generous Treatment from him, Gustavus consider'd he was still a Slave, and cou'd not bear the Thoughts of being absent from the approaching War.

Christiern breath'd nothing but Destruction against Sweden, but his Coffers being low, he seiz'd a Million of Florins that the Legate Arumboldi, had gather [Page 10] ed from the Sale of Indulgencies in Sweden, and Denmark, with the pretext, that the Legate held Correspondence with his Enemies in Sweden.

With this holy Mony, and much more drain'd from his unconsenting Subjects, he levy'd Men at home, and foreign Auxiliaries, with these he once more invaded Sweden with Fire and Sword, and other ungrateful attendances of War, under the conduct of Otho Crumpein, a valiant and experienc'd General. But we shall leave him to his Successes, and follow the illustrious Gustavus Vasa, or, the Deliverer of his Country that gives Title to our Play.

Gustavus was terribly alarm'd at the Ruin of his Country, (that had surrender'd to the King of Denmark, thro' the Success of his Arms under the conduct of victorious Otho, with the Death of Steno, (the Administrator, who lost his Life in a Battle with Otho.) His Restraint became insupportable to him: The passionate Love to his dear Country made him forget the affable Kindness of his generous Host, therefore he resolv'd upon his Escape, and in the Month of December (1519) under the pretence of Hunting (as he often did) he went out of the Castle where he was never confin'd, and in the Habit of a Peasant arriv'd in two Days, (thro' Woods and the most secret Byways) at Flensburgh, ⁽⁶⁾ at that Place he hir'd himself as a Driver of Oxen, by which Device, he got clear of the Danish Dominions, and arriv'd safe at ⁽⁷⁾ Lubeck. But all his Precaution cou'd not hide him from the searching Eyes of Banner, who found him at Lubeck. But Gustavus by his Eloquence convinc'd Banner that his seeming Ingratitude, was fatal Necessity, dismis [Page 11] sed him with Promises of a grateful Memory for his noble Treatment.

Gustavus thro' many Difficulties, set his Foot once more on his dear native Country, full of civil Wounds, and with her loss of Liberty almost expiring. He discover'd himself to the Governor of ⁽⁸⁾ Calmar, a German Garrison that held out for the Swedes, but his usual Eloquence was not heard by those mercenary Men, but they threaten'd to deliver him up to the King of Denmark, if they once admitted him within their Walls. Unprospering here, he was filled with Trouble and Vexation, and being inform'd there were several Parties of the Danes in quest of him, and dread of falling into the Hands of the relentless Christiern, he was oblig'd to conceal himself in a Cart loaded with Straw, and by that means was carry'd thro' the Danish Camp in safety to ⁽⁹⁾ [Note: original footnote anchor is missing] Sudermania, a Castle belonging to his Father, Eric Vasa. From that Place, he sent Circular Letters to his Friends, intreating 'em to summon their Vassals, and Followers, to have one more Struggle for their Lives, and (what was more precious to him,) their Liberties. But was discourag'd in the Attempt even by his own Relations.

This giving up their Liberty, fill'd his Mind with Disdain, Contempt, and Rage, therefore he apply'd himself to the hardy Peasants, but he found with un [Page 12] consolable Regret, that even these that were so tenacious of their Liberty, gave over all thoughts on that Subject.

He then form'd a Resolution at all Hazards, to get within the Walls of Stockholm, whose Garrison held out that City for the Widow of their diseas'd Administrator the brave Steno. He travell'd mostly by Night, but the Danes having notice of his Journey, pursu'd him so close, that they came to the Place he had left an Hour before: Finding his Designs impracticable, he return'd by another Road, and took Shelter in a Convent of Carthusians, founded by his Ancestors; but the lazy Monks, fat'ning in Ease and Plenty, turn'd him out He then took Sanctuary with a Peasant formerly his Father's Servant. From thence, he once more by Letters to several of the Nobility, endeavour'd to rouze their sleeping Courage, and wake in their Souls the love of Liberty, but the Terror of the Danes kept 'em in awe. What had the Heroick Gustavus to do now, but patently to wait in Obscurity some happy Revolution.

The Danish King enter'd Sweden in the Spring (1525) confirm'd the Treaty of Upsal, and by Bribery prevail'd on the Governor of Calmar to surrender that important Place. Also sent to Steno's illustrious Widow, then residing at Stockholm, to surrender that City, but she return'd him his Heroic Answer, That she wou'd sooner suffer Death than surrender to the Enemy of her Country.

This Answer fix'd Christiern's Resolution of beleaguering that City. But the Garrison animated by her Presence, made a noble Defence: Yet Necessity began to appear with all its frightful Appendages, and that great Princess was at last oblig'd to accept of the Terms, tho' not altogether disadvantageous to her.

King Christiern, about this time surrender'd his Heart to the Charms of a Woman neither young nor handsome, but had so much cunning and wit to manage [Page 13] him, that she might be well call'd his chief Minister of State, disposing of Places and Offices as she pleas'd, to the Scandal of the King, and hurt of his Subjects; and by the Advice of her, and the Archbishop of Upsal, was brought on that horrid Massacre of the Bishops, the Senators, and most of the Nobility: But we will forget such an human Barbarity, and go in pursuit of our Illustrious Hero Gustavus.

Gustavus from his Secret Retreat, look'd round to seek for what he wish'd, and being inform'd of the Massacre, had hopes the Subject wou'd not long bear with such an inhuman Monster. Christiern had proscrib'd him, with a large Reward, therefore he did not think himself safe surrounded by Danes; besides the Loss of most of those Friends by the Massacre of the barbarous King of Denmark, his Father being one, gave him inexpressible Sorrow. Therefore he resolv'd to retire to the almost inaccessible Mountains of ⁽¹⁰⁾ Dalecarlia.

Thus shrouded Excellence in the Disguise of a Peasant, pursu'd his uncomfortable Journey to these dreary Dwellings, attended only with a Guide that knew the Course of the Country, where meeting with many Difficulties, he arriv'd safe at that part of those Mountains, call'd by the Inhabitants Daalfield, a simple Village in Dalecarlia, bordering on the Copper Mines.

From this Place, our Author of the Play begins his Scene.

[Page 14]

The Inhabitants of these Mines, and Mountains, set so high a Value on their Liberty, that no King, or Substitute, ever enter'd their Country without giving Pledges to the People to maintain their Rights and Privileges; even the Tribute they paid in Token of Allegiance, was a small Number of Furs. He was no sooner enter'd this mountainous Country, but his treacherous Guide forsook him and at the same time robbed him of what little Money he had. This brought our Hero to such Distress, that Necessity obliged him to enter as a Servant in the Copper Mines, where he earn'd his Subsistence by the Sweat of his Brows. But notwithstanding his Care to conceal himself, he was found out by a Woman of the Village where he lodg'd, by observing a silk Robe embroidered with Gold, in his Apartment where he lay. Women can't keep Secrets, therefore this News came to the Chief of the Village: This Chief had been with Gustavus in his Youth, at the University of Upsal, therefore as soon as he saw him, he knew him for Gustavus. He offer'd him the Accommodation of his House, which our Hero accepted of, in the Hope he had of prevailing with him to assert his Country's Cause. This Chief's Discourse often tended that Way, but when Gustavus declared himself, he was sunk into base Fears and Tremblings. The Illustrious Wanderer, finding his Expectations frustrated, left the timorous Chief, and journeying alone thro' the pathless Woods, arriv'd at the Residence of Peterson, a Gentleman he was acquainted with in the Army.

This brave Spirit in appearance soon was rouz'd by the Eloquence of his noble Guest, but his base Intention was to make his Court to the King of Denmark, by betraying the Laws of Hospitality in surrendring his Illustrious Guest. He gave notice to one of the Danish Officers, who surrounded the House, but Gustavus, the Night before (by the means of the Traitor's Wife, inspir'd with Pity) made his Escape, where by her Directions, he arriv'd at a Curate's House, [Page 15] who was a sincere Lover of his Country, he conceal'd Gustavus in his Church unknown to any one Person, for fear of a Discovery.

This generous Curate, advis'd him once more to apply to the Peasants, at their Christmas Meeting, where the neighbouring Villagers assembled to examine their martial Power. He met the Peasants on the Day appointed (dress'd according to his Quality) who had Notice of his Visit. When he appear'd, his noble Air, and usual Eloquence penetrated the Hearts of these valiant Rusticks in his Behalf, who resolv'd to revenge the Death of their Nobles and Senate.

Our Hero took 'em while their Souls were warm, and led them by secret Paths in the Night to the Castle of the Province which they took by Scalade, and in their first Fury, put the Garrison to the Sword, all but the Governor, whom Gustavus saved with much Difficulty. The Sucess of this Enterprize gave the Dalecarlians great Opinion of their Leader, and in a few Days most of the Peasants of the Province listed under his Banner.

Several Swedish Gentlemen of Note, who were outlaw'd by Christiern, repair'd to him as a Sanctuary, and serv'd as Officers under him, to Discipline his rude Troops. The Provinces of ⁽¹¹⁾ Helsingland, ⁽¹²⁾ Medelpadia, ⁽¹³⁾ Angermania, ⁽¹⁴⁾ Gestricia, and ⁽¹⁵⁾ Bothnia revolted from the Danes and hail'd Gustavus as their Lord.

[Page 16]

The News of this Revolt surpriz'd the Viceroy of Sweden, who was ill prepar'd for the Field. He acquainted the King of Denmark with this disagreeable News, and in the mean time summon'd his Army, to oppose this unlook'd for Torrent. Christiern the King of Denmark, began to be more tyrannous, if possible, than ever, exercising his Cruelty upon his own Subjects, and not being able to send Succours over to Sweden, he writ to his Viceroy to bring the Rebels as he call'd them to Reason. Threatning Gustavus at the same time, the Blood of his Mother and Sisters should be shed with the most exquisite Torments, if he did not abandon the Interest of Sweden.

But Gustavus, despising his Threats, march'd on with his victorious Army, now increas'd to fifteen thousand Men, all resolv'd from the Ardour of their General to conquer, or die.

The Viceroy advanc'd to the River Brunebec to oppose the Passage of Gustavus, but as soon as the Avenger of his Country appear'd on the other Side at the Head of his Horse, he abandon'd his Post, and took to a shameful Flight, leaving Part of his Army to garrison ⁽¹⁶⁾ Westeras, but did not think himself safe till begirt with the Walls of Stockholm. Gustavus lost no Time, but pass'd the River and march'd to the Siege of Westeras. He intrench'd himself near the Chapel of Stolaus with three thousand Foot only (having sent his Horse, and the remaining Part of his Foot, in order to execute a Stratagem) with all the Care and Diligence of a General that fears being attack'd, which the Danes perceiving, and observing the Smallness of their Number, sally'd and charg'd him with their Horse. Gustavus pretending to fly, he drew the pursuing Danes, into the Trap that was set for 'em. In short, the Danes were routed, and the City taken, by the Conduct, and Valour of the invincible Gustavus. [Page 17] But all had like to have been lost, by the Drunkenness of the Dalecarlians, who in plundering the City, found large quantities of Wine and Brandy, their beloved Liquors, that they were almost all bury'd in Drunkenness.

The Captain of the Citadel perceiving their Disorder, sally'd upon 'em, putting great Numbers to the Sword, and the City wou'd have been certainly retaken, had not the valorous Gustavus, with a few Officers barricaded a Street, while the drunken Soldiers were forced from the Cellars to oppose the Enemy, that fought boldly to regain the City.

The taking of Westeras seem'd to open the Gate to let in a total Revolution. Seventy Swedish Officers at one time came over to Gustavus, several Noblemen, among these was Aruide, a powerful Lord of [Note: footnote anchor (17) here, but the footnote itself is missing] Westgothland. In short, the Eyes of all Sweden seem'd to look upon Gustavus as their Deliverer.

When he had block'd up the Citadel of Westeras, that the Garrison might not receive any Succours, he divided his Forces in three Bands, and sent 'em on several Expeditions, and by this means harrass'd the Danish Troops, who were oblig'd in the same manner to divide also.

Gustavus being inform'd, there was an Assembly of new Troops ready for his Command at Upsal, he immediately appear'd to head 'em. From that City, he sent an Envoy to the Consul of Lubeck, (who favour'd his Escape to Sweden) wherein his Letters gave a full account of his Success. These Mercantile Men were so wavering, that Gustavus's Envoy cou'd not fix 'em in any Point. But his Success with Stephen de Sassi, an old experienc'd German Colonel, a brave Soldier of Fortune, (who, for a Sum of Money down, and a promise of another certain, to land in Sweden with 1200 hardy Veterans the next August 1520) answer'd for the other failing Negotiation.

Trolio the artful Bishop was the most formidable Enemy Gustavus had, thro' his numerous Relations, [Page 18] and Adherents in Posts and Power by his means. Therefore Gustavus sent two Religious of his Party to persuade him (if possible) with large Promises to join in his Interest. But the haughty Priest contemn'd all Offers, and sent the two Canons in order to suffer Death at Stockholm, but by their Art, and giving an account of the Affairs of Gustavus they escap'd.

Trolio being inform'd by the two Priests that the Dalecarlians had left Gustavus to gather in their Harvest, and that he had but a hundred Horse, and six hundred Foot to defend Upsal, he resolv'd to attack him in that City, and march'd with such Secrecy, that he was within two Hours march before he had any notice of his Expedition; (Upsal being an unfortify'd City, and most of its Inhabitants being in Trolio's Interest, as being their Lord) he thought it Madness to defend the Place, therefore he march'd with his Horse at the Rear of his Foot, to the Forest of Nostan. But the Archbishop entering the City immediately after him, and being advis'd of his hasty retreat, pursued him with all his Army. The sight of Trolio's numbers frighten'd Gustavus's small Force, who instantly abandon'd their General. In the Fight, the 'Squire of Gustavus mounted on an unruly Horse run against him, and push'd his Master into the Water. But this Accident rais'd the Courage of our Hero, who with a small Number of his Guards, that wou'd never forsake him, sustain'd the Fight 'till his other Forces had gain'd the Shelter of the Forest, then maugre the Resistance of the Foe, he cut himself a Passage thro' 'em with the loss of ten of his Guards only, and safely came up with his little Army.

This Success over our great Gustavus, elevated the Archbishop in such a manner, as if he had gain'd an intire Victory over all his Enemies. But this Danger only serv'd to animate Gustavus to a greater height, if possible, therefore he breath'd nothing but Revenge! [Page 19] and in order to it, he gather'd all the Force he cou'd assisted by Colonel de Sassi, with his 1200 Germans, just then arriv'd, however he conceal'd his Numbers, and intrench'd himself, as if he had no other Forces, than what he made his hasty Retreat out of Upsal with, which the Archbishop thought beneath his notice, and march'd onward in a Triumphal manner towards Stockholm. Gustavus, foreseeing this, appointed Aruide to conceal himself in a bordering Wood on the Road, with some part of his Army, which unexpectedly fell furiously on the Archbishop, and destroy'd his Troops with great Slaughter. The haughty Priest to save his Men, thought to regain the City he had left, but the vigilant Gustavus intercepted his march, at the head of the Dalecarlians assisted by the Germans, and rushing like a Torrent from a steep Hill, bore down the sinking Danes before him, so that the Archbishop who had boasted to bring Gustavus to Stockholm, Dead, or a Prisoner, was compell'd to return without him leaving behind five Parts of his Army dead, and wounded.

Gustavus immediately follow'd him, and set down before Stockholm, which so surpriz'd the Vice-roy and Archbishop, that they (not depending much upon the Fidelity of the Citizens) retir'd to Denmark, where informing Christiern of the State of Sweden, that fell Tyrant, in revenge, sacrific'd the Lives of the Mother and Sister of Gustavus. This News stab'd the Heart of the brave Gustavus, and allay'd the Joy he felt for the Conquest of the best part of Sweden.

In November 1520, a Convention of the States met to think of some Form of Government, wherein Gustavus was unanimously chose Administrator.

This Hero having a Sanction for his Proceedings, was resolv'd to extend his Conquests, and not leave a single Dane in his Kingdom, and in order to pay his Troops, he (his Finances being in a low Condition) mortgag'd his whole private Patrimony.

[Page 20]

Stockholm still continu'd in the Hands of the Danes, and as Norbi the Danish Admiral commanded the Sea, he fear'd it wou'd prove a difficult Undertaking, for want of Ships to oppose him.

Gustavus therefore sent once more his Secretary to Lubeck to solicite that Republick for a naval Force, who return'd with seventeen Ships of War, and four thousand Land Soldiers.

This Fleet arriv'd on Whitsun-Eve in Sweden, and landed their Marines, the which Gustavus order'd to reinforce his Army before Stockholm. Fleming that commanded the Squadron, cruiz'd before the Harbour to prevent any Succour from entring the Town. Where he receiv'd Information that the Danish Fleet was within Ken; he order'd his to shrowd themselves behind the Cape that forms the Harbour. Two of the smallest Frigates were sent by the Danes to explore the Coasts (tho' they had heard nothing of the Lubeck Squadron) as soon as the first Frigate had doubled the Cape, she was taken; Fleming mann'd her with Swedes, and sail'd back to meet the other where the Danish Admiral was, who seeing the first return, came in a Boat to meet her to know the reason of her coming back, but soon shar'd the same Fate. When this was done, Fleming attack'd the whole Squadron, and conquer'd all but one desperate Captain, who fought like a Fury, and chose rather to blow up his Ship than fall into the hands of the Swedes.

Norbi was so exasperated at this Misfortune, that he invaded Sweden with all the Danish naval Force. He found their Fleet in the Harbour of Stockholm, and came to a Battle that lasted several Hours, but seeing the appearance of an approaching Storm, steered out of the Harbour, to a little Island to prevent the Effects of it, this Bay was safe, but near the Shore. In the first part of the Night there came so hard a Frost, that his Ships were frozen. The ever vigilant Gustavus, upon that Knowledge, advanc'd secretly in the Night, and attack'd the Enemy with [Page 21] his Land Forces, set fire to, and destroy'd several Vessels of the Enemy, and might have ruin'd 'em all, but for the Inactiveness of the Lubeckers. The next Day the Sun having melted the Ice, Norbi retir'd with the remainder of his Squadron to the Port of Calmar.

In the mean time the Tyrant Christiern was depos'd by his grieving Subjects in favour of the Duke of Holstein, which when Norbi understood, he gave up all Thoughts of relieving Stockholm, and retired with his Fleet to Gothland.

Gustavus conven'd the Estates of the Kingdom, where they with universal Acclamations chose him King (tho' he for the present refus'd to be crown'd for many politick Reasons) calling him The Deliverer of his Country, congratulating their own Happiness in so puissant a Monarch.

After this he march'd with all his Forces, attended by the Deputies of the Kingdom, to besiege Stockholm, now reduced to the utmost Necessity, but his Successes had so terrified them, that they surrendred at Discretion.

King Gustavus entred in Triumph, pompously dress'd for the Occasion. His Mien, his Youth, his Lenity, and noble Deportment, gain'd him the Love and Admiration of all that beheld him.

Archbishop Trolio heard the Advancement of Gustavus with a rancorous Heart, and tamper'd so artfully with the new King of Denmark, that he persuaded him to send an Ambassador to claim his Right to the Swedish Crown, but the Indignation of the Swedes return'd him to his Master, with a Proclamation that declar'd Trolio a Traitor and a Rebel, and out of the unbounded Love to their illustrious Monarch invested him with an absolute Power of Regal Sway.

Gustavus in Return sent an Envoy to Frederick, to demand Steno's Widow, and several Ladies that had been confin'd in Denmark ever since the Massacre at [Page 22] Stockholm: And the Danish King understanding the Strength, Unanimity, and the Power of Sweden, thought fit to wave his Pretensions to that Crown, and enter into an offensive and defensive Treaty against Christiern who was soliciting Powers in Germany to regain both Kingdoms: He therefore sent Gustavus, Steno's Widow and the Ladies, with an honourable Convoy to Sweden.

When they arrived, the King and all his Court, honourably received them, and conducted them to the City.

Norbi the Danish Admiral frequently infested the Swedish Coast, giving the Names of Usurpers and Traitors to Gustavus and Frederick King of Denmark. He took many Prizes, but chiefly the Traders of Lubeck, their frequent Losses so terrify'd that Trading Republick, that they sent an Envoy to Gustavus for Assistance to root out that Pyrate. The Prince was hardly prevail'd upon to undertake this Expedition, however by the Perswasions of his Subjects, he overrun that Island and set down before the Capital with ten thousand Men. But Norbi hoisted the Danish Standard, went over to Frederick, and dealt so politickly with him and the Lubeckers, that Frederick sent a Fleet which enter'd the Port of Wisby the Capital of Gothland, without any Opposition from the Fleet of Sweden. The two Kings met and held a Conference relating to each others Right to Gothland, but it was not determin'd; yet they parted in seeming good Friends. When Gustavus return'd to Sweden, his Subjects pressed him to hasten his Coronation, but his Reasons concerning the Change of Religion were not ripe enough for that Ceremony. The Doctrine of Luther took footing in Sweden, abetted secretly by the King, but it was a nice and dangerous Affair, and tho' his Hand was open ready for the Grasp of the overgrown Revenues of the Bishops to support the Crown, yet he durst not at that Juncture seize, but he effected it at last, seiz'd the Church Plate and [Page 23] Utensils, their Bells and Crosses. This alarm'd the Clergy, who are too often tenacious of their Privileges, who took a Resolution to stir up the Peasants at their yearly Meeting at Upsal, to demand their Restoration, and his abolishing the new Edict of the Tythes. But Gustavus having Spies every where, came upon them at the Head of a Body of Horse, to their no little Surprize at his sudden Appearance: There was such an Air of Grandeur and Authority, with the Force of Eloquence in all his Actions, that aw'd the boldest of these Malecontents, and soon brought them on their Knees to sue for Pardon Patdon (sic) . This Business was no sooner ended, but another rose of a worse Consequence. A Groom, whose Name was Hans, a bold and daring Fellow, of a quick Wit and Parts, set himself up for the Son of Steno their late Administrator (tho' that young Prince had been dead a Year before.) He took that Prince's Name (Hils Steno) upon Him: He had by his Arts, and Support of some discontented great Men, rais'd a powerful Faction in the Provinces distant from the Court.

Gustavus being advised of this Design, thro' Shame of so unworthy a Competitor, seem'd to despise it; however he caused Letters to be wrote by Steno's Widow to the Dalecarlians, wherein she declared her Son had been dead above a Year. This Letter had the desired Effect, for his tumultuous Adherents soon left him, and he made his speedy Flight to Norway, where he was entertained by the Archbishop of ⁽¹⁷⁾ Drontheim as Prince of Sweden, where he levy'd Forces, and was so artful as to pass upon them for the Prince he represented.

[Page 24]

Gustavus, to oppose him, sent a Body of Horse, which once more forced him to abandon his Party, and fly to ⁽¹⁸⁾ Rostoc a City in ⁽¹⁹⁾ Mecklenburgh, where the Chiefs of that Place had his Head struck off.

The King very well knew the Clergy were deep in this Rebellion, therefore he set about gaining them to his Interest, which afterwards he effected by banishing the German Clergy and all Foreign Priests out of his Dominions, supplying their Places with his own Friends.

Gustavus, seeing that most of his Subjects had changed their Religion, declar'd himself a Lutheran, and immediately upon that Declaration he proceeded to his Coronation, which was performed with the greatest Solemnity at Upsal, by the new Archbishop Laurentius Petri: At the same time he conferr'd the Honour of Knighthood on the chief Lords and Senators of Sweden.

Now Gustavus, after the Fatigues of War, made room for the softer Passion of Love. He cast his Eyes on the Beauties of the Daughter of the Duke of ⁽²⁰⁾ Saxe Lawenburgh, who esteemed it an Honour to be ally'd to so illustrious an Hero. This Princess was sent by her Father, with a noble Retinue, to Stockholm, where the King met her, and the Marriage was consummated with the utmost Magnificence. He had hardly tasted his Happiness, ere he receiv'd Intelligence, that the banish'd King Christiern was sailing towards Norway with thirty Vessels, and an Army of ten thousand Soldiers he had gather'd [Page 25] up in the Provinces Germany, &c. But his Fleet was scatter'd by a Storm: However he made a shift to land on the Coast of Norway: His Pretence was Religion, which he knew wou'd bring the discontented Clergy to own his Cause. Frederick King of the Danes was as much interested in Christiern's Descent, as Gustavus, therefore that Monarch sent out a Squadron of Ships of War early in the Spring, that met with Christiern's Fleet in the Bay of ⁽²¹⁾ Bahuys, where (after an obstinate Fight that continu'd a whole Day) the Ships of Christiern were most of 'em destroy'd.

This unfortunate King made another Attempt to enter Sweden by the way of Gothland, but was opposed by a Party of three thousand Swedish Horse, which compel'd him to throw himself in the little Town of Congel in West Gothland, for his better Security, where he was so strictly besieg'd, that Famine cou'd not be ranked among the least of his Enemies, most of his Officers and Soldiers fled to the Swedes, choosing rather to be Prisoners than starve.

The Bishop of ⁽²²⁾ Odense, seeing to what Misery this unhappy Monarch was reduc'd, felt pity for his Condition, therefore persuaded him to submit his Person to Frederick, assuring him at the same time, he wou'd answer for the Success. Christiern having no other Hope took the Bishop's Advice, and accompany'd with the cunning Trolio, and a few of his Attendance, he arriv'd at Copenhagen, where the King of Denmark had him seiz'd, and imprison'd in the [Page 26] Castle of ⁽²³⁾ Soneburgh. In that Place he was confin'd till he had sign'd a formal Resignation of the Crowns of Sweden, Denmark, and Norway. When that was done, his Bounds were enlarged, having the Liberty granted him of Fishing, Hunting, &c. and was treated like a Prince (tho' narrowly watch'd) till his Death.

Archbishop Trolio retir'd to Lubeck, where he form'd a Leage with that Regency, and Prince Christopher of Oldenburgh, to raise Troops in order to release King Christiern from his Confinement, and struggle once more for the Crown of Denmark. But he that so often had stain'd his white Robes with Blood, was wounded in the Battle of Funon, taken Prisoner, and died of his Wounds at ⁽²⁴⁾ Sleswick in Holstein.

The Great Gustavus, being thus happily rid of his Enemies, and his Dominions in a profound Peace, apply'd himself wholly to the Improvement of Trade.

He built Citadels and Royal Palaces in many Parts of the Kingdom, with a Magnificence unknown before to the Swedes. He never resided long in one Place, but progress'd from Province to Province, attended by most of his Court, which accustomed his Subjects to his Sight and Authority. This great King, Hero and Statesman in one, gave Audience to all Sorts of Persons; he decided all Causes and Controversies, with a Judgment peculiar to himself, and as War was carried on without the Assistance of Generals, so he rul'd absolute in a profound Peace many Years. He reign'd alone, without either Favourites or Mistresses, or ever raising the Undeserving; He liv'd belov'd by his Subjects and fear'd by his Enemies.

[Page 27]

Our renowned Hero had four Sons, Eric the eldest, whom he had Hopes of matching to Elizabeth Queen of England whose Alliance he much wish'd for. He therefore, in order to bring this Affair about, sent an Ambassador to that Virgin Queen, to propose a Confederacy between the two Nations. The Queen of England was courted by most of the Princes of Europe, but she had the Art to manage her Lovers as she pleased, amusing them with Hope, in their several Turns, according to the State of her Affairs.

This Ambassador was Tutor to Prince Eric; when he arriv'd at the Court of Queen Elizabeth, he was receiv'd with all the Marks of Kindness and Respect. The Proposals he made in the Name of his Master, in Relation to Commerce and Confederacy, were favourably heard, and when he mention'd a stricter Alliance between that Queen and Prince Eric, he had no reason to complain on that Subject. He therefore return'd to Sweden, where he inform'd Gustavus, that there was nothing wanting but the Presence of Prince Eric, to compleat the Alliance between the two Crowns.

Prince Eric was endowed with many Qualities that were sufficient to recommend him to those whose Judgment lies in the Sense of seeing only, for Nature had been liberal in bestowing Favours on him. The Symmetry of his Body was exact; In short, to say no more, he was the very Copy of his Father, with the same Air of Grandeur, Majestick Presence and Authority that drew Respect from all that saw him: But the Lustre of these outward Qualifications were darkened by some inward Passions of the Mind that ill became the Heart of a Prince

Gustavus knowing knowiug (sic) all his Failings, wou'd not be persuaded to let his Son visit the young Queen of England, nay, he had some Thoughts of settling the Crown of Sweden on his Second Son, a Prince endow'd with all the Virtues of his great Father. But that wise Monarch considering such a Preference might kindle a Civil War both in his Family and Kingdom, resolv'd to [Page 28] regulate the Succession, according to the Order of Birthright, and in the mean time to satisfie Prince Eric (whom his Tutor had inspir'd with a violent Passion for the Queen of England), he consented that Prince John, his second Son, shou'd go to the Court of Queen Elizabeth, under the Pretence of Travel, and try to fix her in Favour of his elder Brother.

The Queen receiv'd him with the most obliging Expressions of Kindness, yet so dexterously avoided his Proposals of Marriage with Prince Eric his Brother, that Prince John was out of all Hope.

Prince Eric thought his Presence wou'd do the Business effectually, sollicited the Senate to gain Leave from his Father to go in Person to negotiate the Affair of Marriage: Gustavus knowing the violence of his Temper, was persuaded at last to let him go, with a Retinue suitable to his Quality and Occasion; for that wise Prince foresaw if he did not give his Son Leave, that he wou'd either go without his Consent, or raise some Commotion in the State.

However before he wou'd let him depart for England, he sign'd his Last Will, and divided his Kingdoms among the Princes his Sons; to the eldest Prince Eric he left his Crown; to Prince John his second Son, the Dukedom of Finland; to Prince Magnus his third, East Gothland; to Prince Charles the youngest, Sudermania; under the Titles of Principalities, and all to swear Fealty, and pay Homage to the Crown of Sweden.

Prince Eric was highly offended at this Distribution of his Father's, and had Thoughts of taking up Arms to have this Will disannull'd, but was restrain'd from it, when he consider'd Gustavus was King of his Children as well as his Subjects. He therefore stifled his Resentments for the present, but made a Resolution to do it himself, whene'er the Supreme Power shou'd fall into his Hands: But now his Imaginations were all employ'd upon his Love, and his Time taken in preparing for his Voyage; he came to the [Page 29] Port of ⁽²⁴⁾ Elsingbourgh, where he was stop'd with the News of his illustrious Father's Death, from whence he return'd to take Possession of the Crown of Sweden.

This Heroick Prince, in the 70th Year of his Age was seized with an inward Fever, that quickly gave him notice of approaching Death. He dismiss'd his Court, and even his Physicians that seem'd to flatter him with Life, and gave up his Breath in the arms of his most faithful Servants, September the 29th, 1560. His Body was interr'd at Upsal, and embalm'd with the Tears of all his Subjects; and his Memory is still dear to them.

This Illustrious Hero enter'd the Realms of Death adorn'd with such shining Honours that will eclipse those ancient Heroes Alexander and Cæsar.

I don't know any Author (in my Opinion) has made a better use of the Poetica Licentia, than the Author of the Play of Gustavus Vasa; and I think it must give all Lovers of the Drama an infinite Satisfaction to find his first Essay arrive at Perfection. And I do not in the least doubt, but his Success will be answerable to the Greatness of his Merit. For the Judicious Part of an Audience take as much pleasure in supporting a deserving Piece, as they do in exploding one that has no Merit at all.

FINIS. [Page [20]]

Table of contents

• 1. The Lord Chancellour of Scotland his first Speech: At a Conference in the Painted Chamber with a Committee of both Houses, Octob. 1. 1646.
• 2. The Lord Chancellour of Scotland his second Speech: At a Conference in the Painted Chamber, with a Committee of both Houses, Octob. 6. 1646.
• 3. The Lord Chancellour of Scotland his last Speech, At a Conference in the Painted Chamber with a Committee of both Houses, October 10. 1646.
• 4. The Lord Chancellour of Scotland his Speech, to the Kings Majestie at Newcastle.

[Page 23] [...]

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

My Lords and Gentlemen,

THE Wise man having proposed this Question, What can the man do that cometh after the King? He answered himself thus, Even that which hath been already done. And to the [Page 4] like Question at this time, What can he say that speaketh after his Highness? The like Answer may not be unfitly returned, Even that which hath been already spoken. Let me therefore crave your patience, while I eccho back again unto you the same things, which even now you have heard from his Highness; things, which cannot sound too often in your ears, because they cannot sink too deep into your Hearts; nor be too much upon your Thoughts. You see, how the most wise God, the Supream Moderator and Governor of all things, in the present Dispensation of his Providence, which we behold before our eyes, doth as it were checquer out his Work unto us, and seemeth to pave his Way amongst us in Black and White. That which represents it self unto us in a sad and black colour, is the Death of his late Highness, of famous and of blessed Memory: That which appeareth unto us with a fair [Page 5] and promising Aspect, is the Succession of his present Highness to the Government of these Nations, by the Appointment and Declaration of his Father, in pursuance of the Advice of Parliament, and with the general and joyful Acceptation of the People, testified by so many their most affectionate Addresses; and that from most, if not all, Counties, Cities, Burroughs, and other Societies of men, of all sorts, professions, and conditions: whereby it doth most manifestly appear, That what God spake unto them in that Dispensation, at such time as their Hearts were full of doubt, fear, and trouble, upon his late Highness his Death, was a word fitly spoken, like Apples of Gold in Pictures of Silver. And now that his Highness hath called this Parliament of the three Nations, he standeth at the Head of this great and most honorable Assembly, the Representative of the three Nations, and is held forth to the World as a [Page 6] noble piece, beset on the one side, and on the other, with most rich and precious Stones, whereby much of price, and much of lustre is added to it. It is not my business to praise the dead, much less to flatter the living: But the things which I shall represent unto you, in relation to this Alteration which of late the Providence of God hath wrought amongst us, shall be onely such Considerations as have been remembered unto you by his Highness, and such as may minister fit matter for your thoughts to be exercised about, in order to the great Consultations for which at this time you are called together.

His late Highness, you know, and the whole World knows, was a Man of War, yet he dyed in Peace, and left these Nations in Peace at home, and Victorious abroad, and they are still (Gods Name be praised for it) in Peace, and in Peace they are brought [Page 7] to your hands; wherein his Highnesse, and the Nations have placed great confidence, and have great hopes, and expectations that they shall be safe, and preserved in peace: a thing so well pleasing to God, who is the God of Peace, and so acceptable to these Nations, who have sufficiently testified their love to peace; and their longing after settlement: But that is not all, his late Highnesse not only left these three Nations in peace, with, in and between themselves, but also in Unity; and as it was his and the late Parliaments worthy work and care to unite these three Nations into one Commonwealth, that they might be no longer thornes in the eyes, and goades in the sides of each other, as sometimes they have been (and as Wales formerly was, and as other Provinces in our neighbour Nations were unto them, till they found means to incorporate them into one body, and Government:) So his Highnesse held it incumbent upon him to bring them united [Page 8] to, and in this Parliament, according to the practice of the late Parliaments whilst they sate, and the expresse Declaration of their intention, That all Parliaments for the future should be Parliaments of the three Nations and That there should be some Members to serve in them from, and for the three Nations; which Unity in the supream Legislative Power, doth not only serve at present to prevent a mischief, and distraction, but may also, by the blessing of God, for the future, procure a full and perfect Coalition, whereby the breaches and sufferings of many former ages will be avoided, their desires and endeavours attained, and the fears of many succeeding Generations secured, and so at length a strong triple cord twisted together, which cannot be easily broken; I say which cannot be easily broken while it remains twisted together: but if untwisted, it may not only be soon and easily broken it selfe, but after each part will serve and help to break the o [Page 9] ther. In the next place, that which I shall offer to your thoughts upon this Subject, is; That his late Highnesse had it much in his heart to build the House of God, with the Courts thereof, and made great Preparations for it. By the House of God, I mean the Church of God, by the Courts thereof, the true and pure Worship of God, and Justice and Judgment amongst men. This makes the outward, That the inward Court of Gods House; and to all these his late Highnesse hath made very considerable Preparations.

As first, David, that sweet Singer of Israel, was not more skilfull to beget Confort in Discord, and in tuning the severall and different strings of his Harp to a melodious Harmony, then his late Highnesse was dextrous and wonderfully successfull in keeping Love between dissenting Brethren, and preserving a Christi [Page 10] an Unity in a Christian and warrantable variety, which thing is a great preparation towards the building of that Spirituall House, whereof we spoke.

Another great Preparative was, The care he constantly took, that Godly and able Preachers and Ministers should be sent forth into all parts; and before they were sent out, that they should passe the test and examination of Prudent, Learned and Pious, Approvers.

A third Preparative was, The care he constantly took of the Universities and Schooles of good Learning, that those Fountains might alwayes be kept clear, and that from thence there might continually issue a pure River of water of life, as clear as Christall, proceeding from the throne of God and of the Lamb.

[Page 11]

A fourth Preparative was, The putting of such Persons in places of Trust and Power, which would be a countenance to godly men and Godlinesse, and discountenance Atheizme and Profanenesse.

And lastly, As to the outward Court of Gods House, The Administration of Judgment, and Justice amongst men, what were his desires and indeavours, and what his care from time to time to fill the Benches with able and Learned Judges, we all know.

All these preparations, and many more, did his Highnesse make for this House, and all the materialls thereof are so fitted, and squared before hand; by the humble Petition and Advice, and other good Lawes made by the late Parliament, that, by the help of God, there will be no need of any new hammering, nor that there should be heard the noyse of any Hammer, or Axe, [Page 12] much less of Spear, or Sword, or any Tool of Iron, for what is to be further done in the building of this House. Such indeed that look upon the Petition and Advice with a partial and prejudicate eye, or, as it may be distorted on the one side or the other in the execution thereof, may think there hath not been a right measure taken of many things, and that there is great need of running them over again. But whosoever shall well weigh the same, and look into it with a single eye, will finde, That both our Spiritual and Civil Liberties have been squared, stated, and defined therein with a great deal of care and exactness, and that according to the true nature of Definition; That it is neither too Narrow, nor too Broad, neither too Long, nor too Short; That it hath not taken In any thing that should have been left Out, nor left Out any thing that is Essential. I say this, as to the [Page 13] main, That no truly Godly men need to fear Persecution, nor any wilfull Sinners, of any sort, either in Faith or Practice, hope for Impunity: That no Free men need fear to be made Slaves; nor, That any mens lawless Liberty, under pretence of making all free, should indeed make all men Slaves.

But the Legislative and Executive Powers are so stated therein, in relation to one another, and to their own parts within themselves, that neither may hinder, but each part help, the other; and that none in either might have more or less power then is necessary for the good of the whole. And yet is there still behinde a great and a glorious Work, in the location and composure of these parts, though never so well fitted. The Execution of the Law is the Life, the Complement, [Page 14] the perfection thereof. The application of Things to persons, and of Persons to things, and the right joynting and cementing of one part to the other, by a Spirit of love within, and establishment of due and necessary order without, will make this House to rise up into a strong, a perfect, and a beautifull structure and Fabrick amongst us; to which much of care, and many provisions will be necessary. What then remains, but that his Highnesse and both Houses of Parliament, should set about this noble work, till they have brought it to perfection. That, as is fresh in your memories, and as you even now heard from that reverend Person who was the mouth of God unto you, Mercy and Truth may meet together, and Peace and Righteousnesse kisse each other, that Christian liberty may be preserved, without unchristian licentiousnesse, that Ministry and Magistracy, may be maintained and re [Page 15] fined, and Learning and the Schools thereof so ordered, that they may continually supply the same; and not be as Abbies and Monastries sometimes were, either Nurseries of Vice and Idleness, or of Faction and Contention; That Godliness may be set on the Throne, and Profaneness thrown out on the Dunghil; That Law and Justice may be executed with Equity and Mercy, That neither Craft nor Cruelty may take advantage of the rigor of the Law, or of the hands of God to turn Judgment into Wormhood, and Justice into Gall: That Judgment and Justice may run down with a clear and swift Stream; and if any Rubbish, Mud, or Weeds, through length of Time, be got into the Channel, it may be cleared by such careful hands, as, in scouring the Channel, will take heed not to dig down the Banks, whereby an Inundation of Arbitrary Power and Juris [Page 16] diction, shall be let in upon the Nations.

In the last place, That which I shall offer to your consideration, is, That, if this Government, when it first sprang up in the hands of his late Highnesse, out of those dreadfull Confusions which had covered the face of these three Nations, was readily imbraced by them as a choice and hopefull Plant, though as yet but a tender one, and such as had but newly taken to the Soyl: with how much more reason may we now expect, that it should be enabled to encounter the sorest Stormes and Tempests, that may arise? being supported partly by its own proper Firmnesse, through the good will and liking of the People, out of the Experience they have had, of the Benefit they have recieved from it; and the Peace and Tranquillity they have enjoyed under the shadow thereof; and partly by the accession of Parliamentary Authority, [Page 17] both past, and to come, which it cannot but much expect, and relye upon, from time to time, and at all times, considering the great obligations that their wisdome and good affection to the welfare of these Nations, and the Law, by their oaths, and otherwise, hath laid upon them in this behalf: So that it being so well rooted downwards, and so well grown upwards, though possibly the boughs and branches thereof may be a little shaken sometimes, and moved one while this way, and another while that way, yet there will be no danger of the trees falling, by Gods grace, unless we have so far provoked his justice by our ingratitude in general, and in particular for the mercy we have, and may still further enjoy (if it be not our own faults) under this Government, that he shall suffer a Spirit of division to run through the principal parts thereof, that they fall one [Page 18] from another, and so at length fall one upon another, and so at last fall down all together, and then be trodden under foot, and that on all hands, and on every side, and with them the peace of these Nations which they enjoy at home, and the honor and renown which they have gained abroad; than which they never had more then at this day, both far and near. But what speak I of the honor of men, when as the honor of God, and the safety and prosperity of his Churches and people, both here, and throughout all Christendome, doth so much depend upon the peace and consistency of these nations at this time, as in truth they do, as much, if not more, than on all the Nations in the world besides?

This is a great word which I have said, but it is a true one, and if the present state, and posture of affairs throughout the whole Christian world, be [Page 19] well weighed, and considered, it will be found that this is no swelling vaunt, but a well measured truth. And because it is so, no doubt the grand Enemy of our Peace, because he is the grand Enemy of God, and his Church, will be very busie at this time, with all his instruments, and will cast many mists before our eyes. He is a spirit of darkness, of error, and mistakes, that he may become a spirit of mis-understanding and division, and he is a spirit of division, because he delights in war and blood-shed, the natural consequencies thereof; for he was a murtherer from the beginning: But we are not ignorant of his arts, and wiles, and whatever fair and beautiful shapes he appears in at the first, yet if we examine him to the bottome, from top to toe, we shall at length discover him by his divided, and dividing foot; and thence take warning to a [Page 20] void him. We have also a wholsome, and Divine Council to preserve us from falling into his snare: That is, to hold the unity of the spirit, in the bond of peace. What is that bond of peace? In a Moral sense, it is that triple knot of true love and good understanding between His Highness and the two Houses of Parliament. In a politique consideration, it is the constitution of our Government, whereby we have another triple Cord, besides that of the three Nations united into one Commonwealth, viz. the constitution of their Supreme Legislative power, consisting of a single Person, and two Houses of Parliament; which Cord, while it is kept well twisted together, will be a great strength to it self, to the Nations, and to the people of God in these, and all our neighbouring Nations round about us. But if once it begin to unravel, [Page 21] and the two ends fall one from another, and from the middle, all will run to ruine. Therefore be very careful to hold fast the bond, and beware of all such as shall be picking at the knot, under what colour, or pretence soever, yea though they promise never so much, and undertake to binde it up so fast, and in a better fashion then it was before. This tying and untying of the bond, and continual seeking after new fashioned knots, hath put these Nations to much trouble, and into more danger. It is good to hold what we have, till we are sure to meet with that which is better; And of all fashion knots, the Nations will be worst satisfied with a Bowe knot, a sliding, a slip knot, which will be alwayes fast and loose, which every touch at either end will dissolve, and leave the Nations always at uncertainty, always in unsettlement. [Page 22] But the knot which takes in both ends, the top and the bottome, and joyns them fast together, and to the middle with a treble knot, and wherein each part helps to fasten the other, and the drawing of either end, draws all nearer and closer together; this will make a fast knot, a knot (by Gods blessing) like to hold, and to continue. And surely were there no other consideration but this (give me leave to repeat it, though I have said it once before) this alone were sufficient to make us keep close together, at this time, because we cannot fall in pieces, as things now stand abroad, but the whole Protestant interest, throughout the whole world, is like to fall asunder also with us.

For if we well consider how the Princes, and States in Germany, both the Upper, and the Lower, and in the Northern parts of Europe, begin to state their interest [Page 23] otherwise, and to take a different measure of their Confederacies, and alliances, then formerly they have done, We shall finde upon the matter but one single bar that is considerable, to check the growing power of the Austrian family in those parts, whereunto it cannot long make head, without support and help from others, and from whence onely, any that is considerable can be expected, is not hard to judge. I shallnot need to minde you of that which more nearly concerneth you (for it so nearly concerns you, that you cannot but be sensible of it) I mean the present condition of Affairs, in relation to the Sound and Baltick Sea, and the great Forces both by Sea and Land, that look that way: And how far, and how soon this may bring to the Stake all the Materials wherewith your Walls must be upheld, (I say your best Walls, and the best in the world, though Woodden ones) I leave to your consideration: And how critical this very Spring may prove to the saving or losing of your Stake. Onely this I shall [Page 24] say, should your Wings be once clipped in that kinde, when you shall get up again to the pitch where now you are, none but he onely, who onely (and that too in an extraordinary way) can help you up again, he onely can tell. On the other side, for the other branch of the House of Austria, (which sometimes hath been, and may soon be again the terrour and jealousie of the whole world) you know what Ballance it onely hath, and upon what ticklish terms it now stands, and what friends he hath made, and what he further hopes to make of old Enemies; and what advantages he hath, and still further hopes to make of them; not onely to your prejudice, and the endangering of your ruine, but of those themselves also in the end, whose helping hands, by inticements of present advantages, he endeavours to draw to his assistance, in the pulling down of their own out-works, and best Supports. It is true, he hath suffered some Breaches, and received some Wounds of late: but how soon, by the help of that [Page 25] vast Treasure, which he drawes continually from the Indies (if he may bring it still quietly home) he may repair those Breaches, and heal up those wounds again, who doth not see? Some things are fitter for your thoughts, then your ears; therefore this I shall onely say in general, that the opportunities which you have had, and yet in part have, to put your Interest, and that of your best Friends, in some measure in safety, may soon be lost, (if they be not already upon the Wing) and then it may never be in your power to recover them again.

Therefore His Highness maketh no question, but that you will take these things into your speedy and serious consideration, and that you will think timely of the means of Defence and Offence in order thereunto.

The late Parliament having engaged in this War, very honourably made some considerable provisions to carry on the same, I say considerable with respect to [Page 26] our little World, out of which they were to be raised; though not proportionable to that great World, and those vast Territories and Dominions whereof our Enemy is possessed; and whereupon they vaunt themselves, that the Sun doth never set. But our comfort also on the other side is, that he that is our Sun doth never set, and he that is our shield will never fail us.

You will receive a particular Accompt, from those under whose Survey and care those things are, of the state of the publique Revenue, and of the Forces both by Sea and Land, your inward and outward Walls under God; and as good as any in the world. But as all things which are good are also costly, so can it not be expected but that the charge of them should be great.

His Highness hath assured you, that the Army (I speak of the forces both by Sea and Land in the three Nations) [Page 27] is a good and faithful Army, and will be ready to engage in every good thing and action, whereof no man either ought, or need to make question. His Highness hath further told you, that they are a patient Army, and when you see the Accompt of their Arrears, that will be out of question; and without all question, God hath used them as singular instruments of his honor, and of the honor of these Nations: And as England by Gods mercy is now enlightned in the knowledge of the truth, it would well near venture a starving, (though God be praised that is not its case) then it would starve such an Army, in such a Cause, wherein the honor of God and of the Nation shall be concerned. This I think I may adventure to say in general, that our preparations are not greater, then our Neighbors, though our Concern is every way as much, or more then theirs; neither are our debts grea [Page 28] ter then theirs, though we have had more occasion of expence, or full as much every way: And if our in-come had answered the foot of Accompt, which the last Parliament went upon in their intended supplies, we had not increased much (if at all) the debt of the Commonwealth, neither had we exceeded our bounds, or not so much (by Gods blessing on our designs) as we have inlarged its bounds and Territories; and that also, so advantagiously, as not onely the danger of Hostile invasion, and Trade-destroying Pyracie is set at a further distance from us, but also much Honor abroad, together with safety and advantage at home, is thereby accrued unto these Nations.

Before I conclude, I must again reiterate that which runs so much in my minde, because it lies so much upon my heart; That upon the issue of your Counsels, and the Peace and consistency [Page 29] of these Nations at this time, doth very much, if not wholly depend, the life, and the breath of all the hopes of all the expectations of the Churches of Christ, throughout the World. Since then there is so great a trust reposed in you, so great a Price put into your hands, lay your hands upon your hearts, and lift your hearts up to Heaven, where your help, where our hope lies. His Highness hath fully expressed His high esteem of Parliaments, and His judgement of them, that they are the most adequate and commensurate Councils, to matters of so great and so high importance, and He doth as firmly resolve, that they shall injoy all those great Freedoms and Priviledges which have been granted unto them, in order to those great ends; and His hope and prayer to Almighty God, is, that they may be made use of by you to those great and blessed ends, that all the Three Nations; yea, that all the peo [Page 30] ple of God every where, may rise up all together and bless you, and that you may be blessed, and your names be a blessing to this and all succeeding Generations.

This is all that I have in charge from his Highness to say unto you, saving what particularly relates to the Members of the House of Commons: That they should repair to their House to chuse their Speaker.

FINIS. [...]

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

OF all the Sins, that the Children of Men are guilty of, there is none, that our corrupt Natures are more inclinable unto, than that of Idolatry, a Sin, that may be towards Men, so well as other Creatures, and things; For, as that which a Man unmeasurably relyes, and setts his Heart upon, is Called his GOD, even as that which he falls down before, and worshippeth: so, when one hath the Person of another in an excess of admiration, whether for Greatness or Richness, &c. which we are subject to adore, we are said to Idolize him; and therefore the wise Venetians, who, of all men, are most Jealous of their Liberty, Considering that as the nature of Man is not prone to any thing more than the Adoration of Men, So nothing is more destructive to Freedom, hath, for preventing the Mischiefs of it, made it unlawfull, even so much as to mourn for their Duke at his death; Intimating thereby, that their Felicity and Safety depends not upon the uncertain Thred of any one Man's life; but upon the Vertue of their good Laws, and Orders, well executed, and that they can never want vertuous Persons to succeed: and how do [Page 2] such Principles in men, lead by little more than Moralitie, reprove those, who have a great measure of Gospel-light, for their senseless excess, in their adoring the remembrance of Cromwell. For as the Objects of Idolatry are mistaken Creatures, or things, proceeding some times from self-love, so well as other Causes, So the undeserved approbation, and applause, that Cromwell's memory seems to have with his Adherents, amounting to little less, than the Idolizing of him, appears to me, to be the product of an excessive Veneration of Greatness, and a selfish Partiality towards him; for that the more honour is given to him, the more prayse they think will consequently redound to them, who were his Favourites; and they fortifie themselves herein, with the Credit they say he hath abroad, though there is little in that, because the opinion that Strangers have of him, may well be put upon the accompt of their ignorance, in the Affairs of England, which Travellers do finde, to be so great, even amongst Ministers of State, as is to be admired. And now as this Error in Idolizing Oliver hath two moral Evils in it, (besides the sin in it self:) The one, a reflection upon the present times, as if the former were better than these; And the other, the unjust defrauding the Long Parliament of that which is due to them, to give it Idolitrously to him, to whom it doth not belong; I esteem it a Duty incumbent upon me, to discover the Mistake. I am not insensible, that I shall by this, draw the envye of those upon me, who, being Jealous of their Honour, will be angry for touching them in their Diana; but knowing my self clear, from the Vices of envying Vertue in any, how contrary soever he may be to me in Judgment, so well, as from being unwilling to allow every one their due Commendations, I will cast my self upon Providence, for the success of this Paper; And in reference to Cromwell's Government, and the present times, make some Observations relating to both, and, in order thereunto, shew,

• First, That the original cause of the low condition that we are now (in relation to Trade) reduced unto, had its beginning in [Page 3] Olivers time, and the foundations of it, layed, either, by his ignorant mistaking the Interest of this Kingdome, or wilfully doing it, for the advancement of his own particular Interest.
• Secondly, That his time, for the short continuance, had as much of oppression, and injustice, as any former times.
• Thirdly and lastly, That he never in his later dayes, valued either honour or honesty, when they stood in the way of his ambition, and that there is nothing to be admired in him (though so much Idolized) but that the partiallity of the world, should make him so great a favorite of ignorance, and forgetfullness, as he seems to be.

When this late Tyrant, or Protector, (as some calls him) turned out the Long Parliament, the Kingdome was arrived at the highest pitch of Trade, Wealth, and Honour, that it, in any Age, ever yet knew. The Trade appeared, by the great Sums offered then for the Customes and Excise, Nine hundred thousand pounds a year, being refused. The Riches of the Nation, shewed it self, in the high value, that Land, and all our Native Commodities bore, which are the certain marks of opulencie. Our Honour, was made known to all the world, by a Conquering Navie, which had brought the proud Hollanders upon their Knees, to begg peace of us, upon our own Conditions, keeping all other Nations in awe. And besides these advantages, the publick stock, was Five hundred thousand pounds in ready Money, the value of seven hundred thousand pounds in Stores, and the whole Army in Advance, some four, and none under two months; so that though there might be a debt of near Five hundred thousand pounds upon the Kingdom, he met with above twice the value in lieu of it.

The Nation being in this flourishing and formidable posture, Cromwell began his Usurpation, upon the greatest advantages imaginable, having it in his power to have made peace, and profitable Leagues, in what manner he had pleased withall our Neighbours, every one courting us then, and being ambitious of the friendship of England; But as if the Lord had infatuated, and de [Page 4] prived him of common sense and reason, he neglected all our golden opportunities, misproved the Victory God had given us over the United Netherlands, making peace (without ever striking stroak) so soon as ever things came into his hands, upon equal tearms with them. And immediately after, contrary to our Interest, made an unjust Warr with Spain, and an impollitick League with France, bringing the first thereby under, and making the latter too great for Christendome; and by that means, broke the ballance betwixt the two Crowns of Spain, and France, which his Predecessors the Long Parliament, had alwayes wisely preserved.

In this dishonest Warr with Spain, he pretended, and indeavoured, to impose a belief upon the world, that he had nothing in his eye, but the advancement of the Protestant Cause, and the honour of this Nation; but his pretences, were either fraudulent, or he was ignorant in Forreign affairs (as I am apt to think, that he was not guilty of too much knowledge in them) For he that had known any thing of the temper of the Popish Prelacie, and the French Court pollicies, could not but see, that the way to increase, or preserve the reformed Interest in France, was by rendring the Protestants of necessary use to their King, for that longer than they were so, they could not be free from persecution, and that the way to render them so, was by keeping the ballance betwixt Spain and France even, as that, which would consequently make them usefull to their King: But by overthrowing the ballance in his Warr with Spain, and joyning with France, he freed the French King from his fears of Spain, inabled him to subdue all Factions at home, and thereby to bring himself into a condition of not standing in need of any of them, and from thence, hath proceeded the persecution that hath since been, and still is, in that Nation, against the reformed there; so that Oliver, instead of advancing the reformed Interest, hath by an error in his Polliticks, been the Author of destroying it.

The Honour and Advantage, he propounded to this Nation, in his pulling down of Spain, had as ill a foundation: For if true, [Page 5] as was said, that we were to have had Ostend, and Newport, so well as Dunkirk (when we could get them) they bore no proportion in any kind, to all the rest of the King of Spains European Dominions, which must necessarily have fallen to the French Kings share, because of their joyning, and nearness to him, and remoteness from us, and the increasing the greatness of so near a Neighbour, must have increased our future dangers: But this man, who through ignorance, is so strangely cryed up in the world, was not guilty of this error in State only, but committed as great a solecisme, in his designing the outing of the King of Denmark, and setting up the King of Sweden: For had the Sweeds, but got Copenhagen, (as in all probability had Oliver lived, they would have done) they had wanted nothing of consequence, but the Cities of Lubeck and Dantzigge, (which by their then potencie, they would easily have gained) of being Masters of the whole Baltick Sea, on both sides, from the Sound or mouth down to the bottome of it; by which, together with all Denmark, Norway, and the Danes, part of Holstein, which would consequently have been theirs (they then having as they still have the Land of Bremen) there would have been nothing, but the small Counties of Ouldenburge, and East-Friezland, (which would easily have fallen into their mouths) betwixt them, and the United Netherlands, whereby Sweeden, would on the one side to the North, and North-East Nortth-East (sic) , have been as great, as France on the other, to the South, and South-West; and they two, able to have divided the Western Empire betwixt them.

And whereas, it had in all Ages been the policies of the Northern States and Potentates, to keep the Dominion of the Baltick Sea, divided amongst several pettie Princes and States, that no one might be sole Master of it; because otherwise, most of the necessary Commodities for shipping, coming from thence and Norway, any one Lord of the whole, might lay up the shipping of Europe, by the walls, in shutting only of his Ports, and denying the Commodities of his Country to other States. Cromwell contrary to this wise Maxime, endeavoured to put the whole Baltick [Page 6] Sea into the Sweeds hands, and undoubtedly had (though I suppose ignorantly) done it, if his death had not given them that succeeded him, the Long Parliament, an opportunity of prudently preventing it: For if he had understood the importance of the Baltick Sea to this Nation, he could not have been so impolitick, as to have projected so dangerous a design against his new Utopia, as giving the opening and shutting of it to any one Prince. I am not ignorant, that this error is excused, by pretending that we were to have had Elsinore and Cronenburge Castle, (the first, the Town, upon the narrow entrance of the Baltick, called the Sound, where all Ships Rides, and payes Toll to the King of Denmark; and the latter, the Fortress, that defends both Town and Ships,) by which we should have been Masters of the Sound, and consequently of the Baltick; but they that knows those Countries, and how great a Prince the Sweed would have been, had he obtained all the rest, besides these two Bables, must confess, we should have been at his devotion, in our holding of any thing in his Countries: And further, if the dangerous consequence of setting up so great a Prince, had not been in the case, it had been against the Interest of England to have had an obligation upon us to maintain places so remote, against the enmity of many States and Princes; and that for these reasons:

First, because the ordinary Tolls of the Sound, would not have defrayed half the charge, and to have taken more than the ordinary Tolls, we could not have done, without drawing a generall quarrel upon us, from most of the Princes, and States of the Northern parts of Europe.

Secondly, because the experience of all former times sheweth us, that foreign acquisitions, have ever been Chargeable, and prejudicial to the people of England, as Sir Robert Cotton makes it clearly appear, That not only all those Pieces of France, which belonged to us by rightfull succession; but also those we held by Conquest, were alwayes great burthens to our Nation, and cause of much poverty and misery to the People. And it is not our Case alone, to be the worse for Conquests, (although [Page 7] more ours, than other Countries, because of the Charge and uncertainty of the Windes and Weather in the Transportation of Succours and relief by Sea, which contiguous Territories, which are upon the Maine, are not subject to,) but the Case also of (I think I may say) all other Kingdoms. In France, their burthens and oppressions have grown in all ages, with the greatness of their Kings; Nay, even after their last peace with Spain, by which they had given them peace with all the world, besides many places in the Spanish Netherlands, and Catalonia into boot: Upon which the poor people promised themselves (though vainly) an unquestionable abatement of Taxes; instead of that, they found their pressures increased dayly, and their King, though overgrownly great and rich himself, yet the people so poor, that thousands are said to dye in a plentifull year, for want of bread to their water, nothing being free there, but fresh water and aire; For (except in some few priviledged places) wherever they have the conveniencie by their Situation of Sea-water, (least they should make use of the benefit of that, which God and Nature hath given them, for saving the charge of Salt,) every family is forced to take so much Salt of the King, at his own rate, (which is above ten times the price it is sold for to strangers, for transportation) as is judged they may spend in a year; the Lord deliver all other Countries from their example. In Sweden, that King, Court, and their Military Officers, are the better for their Conquests, in Germany, Denmark, Russia, and some places antiently belonging to Poland; but the Commons the worse: Spain is undone, by the great number of people sent thence to the WestIndies, which hath depopulated the Country, France reaping more benefit by keeping their people at home to Manufactures, than Spain doth by sending theirs abroad for Silver and Gold; and now, though by these instances it may appear to be the Interest of the people of other Nations, so well as ours, to live in peace, without coveting additions; yet it is more our true Interest, (because, by reason of our Situation, we have no need of Forreign Frontier Towns, our Ships well ordered, being better [Page 8] than other Princes bordering Garrisons) than any other Kingdoms to neglect especially Europian acquisition, and colonies, and apply our selves:

First, To the improving of our own Land, of which we have more than we have people to manage.

Secondly, To the Increasing our Home and Forreign Trades, for which we have natural advantages above any other Nation.

Thirdly and Lastly, (by our strength which Trade will increase) To make use of it, together with the helps that God and Nature hath given us in our Situation, and otherwise, in keeping the Ballance amongst our Neighbours; For if the Province of Holland, which is but Four hundred thousand Acres of profitable ground, is by the benefit of Trade able to do so much, as we experienced the last Warr, what might we do, if Trade were improved, who have much more advantages for it, than they have: I ascribe what was done by the Netherlands in the late Warr to the Province of Holland; because, that though the Provinces are seven in number, Hollands due proportion of all charges, is 58 1/3 in a hundred, to all the others 41 2/3 of which 41 2/3, Holland gets little more than 20. honestly paid them, insomuch, that it alone may be reckoned to bear four fifths in a hundred, to one fifth that all the other six bears; and how prodigious a thing is it, that Holland, no bigger than as before mentioned, should be able to Coap with England, Scotland, and Ireland; and that though their Charges in the late Warr was abundantly greater than ours, yet by their good management, to be so little the worse for it, that at the conclusion of the Warr, to have their Credits so high, that they could have commanded what Money they had pleased at Three in the Hundred, and all this by the meer additional benefit of Trade and good Order; and how by Comwells (sic) indiscreet neglecting of Trade, and choosing Warr when he was in Peace, did he miss the true Interest of England, as by his ill founded designs, he did the Interest of the Reformed Religion; For if he had succeeded in his unjust Invasion of the Spanish Territories in the West-Indies, (as God seldome prospereth dishonest under [Page 9] takings) it being intended for a State acquisition, the benefit would not have been desusive, but chiefly to himself and Favorites, and prejudicial to the people in generall, though at the expence of their substance, the acquests would have been made: For had he met with so much success in the gaining those Countries, and in them, that plenty of Gold and Silver as he vainly hoped for, we should have been as unhappy in them (in the depopulating of our Countries, by the loss of the multitude of people that must have been sent thither, and in impoverishing our Nations by the vast charge of a continual Warr) as Spain is, and to no other end, than the making of him only Rich, able to Inslave the remaining people, and to make himself absolute over them; for the preventing of which, in such Tyrants as Cromwell, surely Moses had an eye, when he said that they should not greatly multiply Silver and Gold. And thus, as Cromwells designs must, to an impartial Judgement, appear to have been laid, some dishonestly, others impolitickly, and all contrary to the Interest of the Kingdome, so the Issue of them was dammageable to the people of England: As,

• First, in his sudden making a Peace with Holland, so soon as he got the Government, without those advantages for Trade, as they who beat them did intend to have had, as their due, and just satisfaction for their Charges in the War.
• Secondly, in his War with Spain, by the losse of that beneficial Trade to our Nation, and giving it to the Hollanders, by whose hand we drave (during the War) the greatest part of that Trade which we had of it, with 25. in the hundreth profit to them, and as much losse to us.
• Thirdly, by our losse in that War with Spain, of 1500 English ships, according as was reported to that Assembly, called Richards Parliament.
• Fourthly, in the disgracefullest defeat at Hispaniola that ever this Kingdom suffered in any age or time.
• Fifthly, and lastly, in spending the great Publick stock he found, and yet leaving a vast Debt upon the Kingdom, as ap [Page 10] peared by the Accompts brought into Richards Assembly; which had, (I believe) been yet much higher, but that they who under him managed the Affairs, were a sort of People who had been long disciplin'd, (before his time) to a Principle of Frugality, and against Cheating; though at cousening the poorer People, for their Masters benefit, some of them were grown as dexterous, as if they had been bred in the Court of Spain; For besides imposing Richard upon the People, after his Fathers death, by a forged Title, according to the very Law they took to be in being, when by his Assembly, they were ordered to bring in an Accompt of the Receipts, and payments of the Kingdom; they made about Sixty thousand pounds spent in Intelligence, whereas it cost not above Three or Four thousand at most; and calculating the rest by these, it may well be concluded, that they were expert in their Trades.

It is confessed, that Olivers Peace and League with France, was upon honourable Articles; but as the tottering Affaires of France then stood, much more could not have been sooner asked, than had; For Mazerine, being a Man of a large and subtle wit, apprehending the Greatness of England at that time, which was then dreadfull to the World, and the Vast advantages France would have in pulling down, by their help, of Spain, granted him, not onely any thing for the present that he demanded, but disregarded also, even his Parties making their boasts of the awe he had him under, Considering, that when Cromwell had helped him, to do his Work, in bringing under the House of Austria, and therein casting the ballance of Christendom on his side, he should afterwards have leisure to recover what then he seemed to part with; And though nothing is more ordinary, than to hear Men bragg, how Oliver Vapoured over France, I do esteem Mazerine's complying with him, for his own ends, to be the Chief piece of all his Ministry; For by that means only, and no other, is his Master become so great at this day, that no Factions at home can disturb his Peace, nor Powers abroad frighten him, Which is more than any King of France, since [Page 11] Charles the Great, could say; And when his Neighbour Nations have (too late I fear) experienced his Greatness, they will finde cause to Curse the ignorance of Oliver's Politicks; and therefore, when a true measure is taken of Cromwell, the approbation that he hath in the World, will not be found to have its Foundation in sence or reason, but proceeding from Ignorance, and Atheisme: From Ignorance, in those that takes all that was done by him, as a Servant, and whilest under the direction of better Heads, than his own, to be done by him alone; And from Atheisme, in those that thinks every thing lawfull that a man doeth, if it succeed to his advancement; But they that shall take an impartial View of his Actions whilest he was a Single Person, and at liberty to make use of his own Parts without controll, will finde nothing worthy Commendations, but cause enough from thence to observe, that the wisedom of his Masters, and not his own, must have been that by which he first moved; and to attribute his former performances, whilest a Servant, (as is truly due) to the Judgement and Subtilty of the Long Parliament, under whose Conduct and Command he was. And now from Cromwells neglecting to live in peace, as if he had pleased he might have done with all the World, to the great enriching of this Nation; The improvement of our Victory over Holland in his peace with them, His being the Cause of the losse of our Spanish Trade, during all his time, Of the losse of 1500 English ships in that War, besides, by it, breaking the Ballance of Europe, Of the expence of the Publick Stock and Stores he found, with the contracting a Debt of Nineteen hundred thousand pounds, according to his own accompt, (which, for ought I know he left behinde him, but am apt to think the Debt was not altogether so great, though made so to his Sonne Richard's Assembly, as a means to get the more Money from the poorer people:) And lastly, of the dishonourable overthrow we met with at Hispaniola, It may well be Concluded that he lay the Foundation of our present want of Trade, to what we formerly enjoyed; and that the reason why his miscarriages were not sooner under observation, is, be [Page 12] cause our Stock of Wealth and Honour at his Coming to the Government, being then unspeakably great, stifled their appearance, untill having since had some unhappy additional Losses, they are now become discernable as first Losses to a Merchant, who Concealedly bears up under them, are afterwards discovered by the addition of second Losses, that sincks him: When I contemplate these great Failings, I cannot but apprehend the sadd Condition any people are in, whose Governour drive on a distinct contrary Interest to theirs; for doubtless Cromwell's over-weening Care to secure his particular Interest, against His Majesty, (then abroad) and the Long Parliament, whom he had turned out, with a prodigious Ambition of acquiring a glorious Name in the World, carried him on to all his Mistakes and Absurdities, to the irrepairable losse and dammage of this famous Kingdom.

To prove the second Assertion, That Oliver's Time was full of Oppression and Injustice, I shall but instance in a few of many Particulars, and begin with John Lilburne, not that I think him in any kinde one that deserved favour or respect, but that equal Justice is due to the worst so well as best men, and that he comes first in order of time.

• 1. John in 1649. was by Order of the then Parliament tryed for his Life, with an intent (I believe) of taking him away, but the Jury not finding him Guilty, he was immediately, according to Law, generously set at liberty by those, that had quarrell enough against him. This Example in the Parliament of keeping to the Laws in the Case of one, who was a professed implacable Enemy to them, ought to have been Copied by Cromwell; but in the contrary, to shew that there was a difference betwixt his and his Predecessors (the Long Parliaments) Principles, when the Law had again upon a second Tryal (occasioned by Oliver) Cleared Lilburne, the Parliaments submitting to the Law was no Example to him; For, contrary to Law, he kept him in Prison, untill he was so far spent in a Consumption, that he onely turned him out to dye.
• 2ly. Mr. Conyes Case is so notorious, that it needs little more than naming: He was a Prisoner at Cromwells Suit, and being brought to the Kings Bench Barr by a Habeas Corpus, had his Counsell taken from the Barr, and sent to the Tower for no other reason, than the pleading of their Clients Cause; an Act of Violence, that I believe the whole Story of England doth not parallel.
• 3ly. Sir Henry Vaine, above any one Person, was the Author of Olivers Advancement, and did so long, and cordially Espouse his Interest, that he prejudiced himself (in the opinion of some) by it, yet so ungratefull was this Monster of Ingratitude, that he studied to destroy him, both in Life and Estate, because he could not adhere to him in his Perjury and Falseness. The occasion he took was this, He appointing a Publick Day of Humiliation, and seeking of God for him, invited all Gods People in his Declaration, to offer him their advise in the weighty affairs then upon his shoulders: Sir Henry taking a rise from hence offered his Advise by a Treatise, called The Healing Question; But Cromwell, angry at being taken at his word, Seized, Imprisoned, and indeavoured to proceed further against him, for doing only, what he had invited him to do; and some may think, that Sir Henry suffered justly, for having known him so long, and yet would trust to any thing he said.
• 4ly. In Richards Assembly, certain Prisoners in the Tower, under the then Lieutenant, and some sent thence to Jersey, and other places beyond the Sea, complained of false Imprisonment. Their Goaler was sent for, and being required to shew by what Authority he kept those persons in hold, produceth a Paper all under Olivers own Hand, as followeth. ‘Sir, I pray you seise such and such Persons, and all others, whom you shall judge dangerous men, do it quickly, and you shall have a Warrant after you have done.’ The nature of this Warrant was by Richards Assembly debated, and having first Richards own Counsells opinion in the Case, as Serjeant Maynard, &c. they Voted the Commitment of the Complainants to be Illegall, Unjust, and Tyrannical; and that [Page 14] first, because the Warrant by which they were Committed, was under the hand of the then (as they called him) Chief Magistrate, who by Law ought not to commit any by his own Warrant. Secondly, because no Cause was shewn in the Warrant; And Thirdly, (in the Case of those sent out of the reach of a Habeas Corpus, which in Law is a Banishment) because no English-man ought to be Banished by any less Authority than an Act of Parliament. And therefore, for these reasons, they Voted farther, that the Prisoners should be set at Liberty without paying any Fees, or Charges, but the turning out, and punishing the Lieutenant by the Assembly (for obeying so unjust a Warrant) was prevented by their sodain dissolution.
• 5ly. The Tyrany in the decemating a party restored to common Priviledges with all others, and the publick Faith given for it, by a Law made to that end, by the then powers in being, is sufficiently shewed in the mentioning of it, only there is this aggravating Circumstance in it, That Cromwell, who was the principal Person in procuring that Law, when he thought it for his advantage not to keep it, was the only Man for breaking it: But to the honour of his first Assemblie, next following, it may be remembred, that they no sooner came together, than like true English-men, who are alwayes jealous of the Rights and Priviledges of the people, damned the Act of Decemation as an unjust and wicked breach of Faith.

The third Assertion of Cromwell's knowing no honesty, where he thought his particular Interest was concerned, is made good; First (though therein he mistook his Interest) in his odious and unjust Warr with Spain, without the least provocations, meerly out of an ambitious and covetous design of robbing that Prince of his Silver and Gold Mines, and because he judged it for his Credit to disguise his unlawfull desires, he proceeded in it, by imploying his Creatures in the City, to draw the Marchants to complain of Injuries done them by Spain, and to Petition for Reparations; but by a cross Providence, his Project had a contrary Success; for instead of answering his seekings, the Marchants [Page 15] remonstrated to him, the great prejudice that a Warr with Spain would be to England, and shewed, that that King had been so farr from Injuring us, that he had done more for Compliance and preventing a Breach with England, than ever he had done in favour of any other Nation; But when Oliver saw his Method would not take, he called the Remonstrators Malignants, and begun the Warr of his own accord, in which, he was highly ingratefull in designing the ruine of that Prince, who all along had been most faithfull to his Party.

Secondly, His Falseness and Ingratitude, appeared superlatively in turning out his Masters, who had not only advanced him, but made themselves the more odious by their partial affection towards him, and in his doing it, with the breach of a positive negative Oath, taken once a year, when made a Counsellor of State, besides the breach of all other Ingagements, Voluntary Imprecations Protestations, and Oaths, taken frequently upon all occasions in Discourse and Declarations; and yet further (when he had turned them out) and left them void of Protection, and exposed them to the Furie of the people, in pursuing them with false reproachful Declarations, enough to have stired up the rude multitude to have destroyed them, wherever they had met them.

Thirdly, His want of Honour, so well as Honesty, appeareth, yet further, in that having by a long series, of a seeming pious deportment, gained by his dissimulation, good thoughts in his Masters, the Long Parliament, and by his Spiritual gifts, winded himself into so good an opinion with his Souldiers, (men generally of plain breeding, that knew little besides their Military Trade, and Religious Exercises) that he could impose, in matters of business, what belief he pleased upon them; he made use of the credit he had with each, to abuse both, by many vile practices, for making himself popular, and the Parliament and Army odious to one another; and because the Artifices he used are too many to innumerate, I shall but instance in some few; As his slie complaining Insinuations against the Army to the Parliament, [Page 16] and against them to the Army: His being the chief Cause of the Parliaments giving rewards to his Creatures, and then, whispering Complaints amongst his Officers, of their ill Husbandry: His obstructing the House in their business, by long drawling Speeches, and other wayes, and then complaining of them to his Souldiers, that he could not get them to do any thing that was good: His giving fair words to every one, without keeping promise with any, except for his own advantage, and then excusing all with forgetfullness: And his deserting his Major Generalls, in their decimations, crying out most against them himself, when he only had set them at work, because questioned by his Assembly, is not to be forgotten, &c. I would not be understood, to remember any thing here, in Favour of the Long Parliament, for what might be Wicked in him, might be Just as to them; And though, if what he did, had been for the Restauration of his Majesty, he might have been excused, yet being for his own Single Advancement, it is unpardonable, and leaves him a Person to be truly admired for nothing but Apostasie & Ambition, and exceeding Tyberius in dissimulation. I am not ignorant, that some thinks it matter of praise in him, that he kept us in peace, four years, and nine months; but that hath little in it, his Majesty having done the like, almost double his time, since his Return, with one fifth part of that number of Souldiers which he Commanded; though he, hath also had the trouble of pressing, and sometimes forcing Uniformity in Religion which he found under several Forms; whereas Oliver, kept the Nation purposely divided in opinions, and himself of no declared Judgement, as the securest way of ingageing all severall perswasions equally to him; which Artifice, together, with his leaving the Church Lands alienated as he found them, were all the true Principles of Policie that I know of, which he kept unto. The Honesty of these Principles, I referr to the judgement of every mans Conscience; but if we may judge of things by experience and success, they seem to have been very happy in the world; For in comparing the Condition of the Protestant Countries at present, to what they were in [Page 17] times of Popery, we shall find them abundantly more considerable now, than formerly; for in taking a true Survey of the Reformed Dominions, we shall discover them to bear no proportion at all in largeness, to the Popish, and that there is nothing, that keeps the Ballance betwixt the two parties, but the advantage that the first hath, in being free from the Bondage of the Church of Rome, and the latters being under it; For as the Church of Romes mercies, are (by their Principles) Cruelties, so had they power answerable to the naturall richness of the Soyl of their Countries, and extent of their Territories, they would long ere this have swallowed up the Protestant Churches, and made Bonefires of their Members; but as God, in his Mercy and Wisdome, hath by his Over Ruling Hand of Providence, preserved his Church; so for the Romish Churches inabilitie to effect that which they have will, and malice enough to carry them on to do, there are these natural reasons.

• First, There being generally of the Popish Countries, above one Moyetie belonging to Churchmen, Monks, Fryars, and Nunns, who like Droans, spends the Fat of the Land, without contributing any thing to the good of mankind, renders them much the less considerable.
• Secondly, Marriage being forbidden to all these Sorts, and Orders, occasions great want of people every where, (they being uncapable of any Children but those of darkness) except in France, which is an extraordinary Case, proceeding partly, by not being so subject to Rome, as other Countries of that belief are; but especially from the Multitude of Protestants, that are among them.
• Thirdly, The blind Devotion of these People, carrying them on to vast expences, in the building, and richly adorning of many needless and superfluous Churches, Chapells, and Crosses, &c. with the making chargeable Presents by the better, and Pilgri [Page 18] mages by the meaner sort, to their Idolls, keeps all degrees under.
• Fourthly, The many Holydayes, upon which, the labouring man is forbidden to work, adds much to their poverty.
• But Fifthly and Lastly, The vast number of begging Fryars, who living Idly, and purely upon the sweat of other mens brows, without taking any labour themselves, makes it impossible, for the lower sort of people, who thinks they are bound in Conscience to relieve them, ever to get above a mean Condition; Now whosoever shall seriously weigh and ponder these Circumstances, under which the Popish Countries lyes, and consider the Reformeds advantage in being free from them, must confess it the less wonder, that the Evangelical Princes, and States, with their small Dominions, compared to the others great, are able to bear up against them; and now as the alienation of Church-lands, the turning out the Romish Vermin, the Priests, Monks, Fryars, and Nunns, (who devour all Countries where ever they come) and freedom from the Popish Imposition upon Conscience, hath mightily increased the greatness of the Protestant Princes, and States, to what they antiently were, and the not doing the same in the Popish Countries, keeps those Princes under; so, even amongst the Reformed, where the Church Lands are most alienated, and Liberty of Conscience most given, they prosper most, as in Holland, and some parts in Germany, with other places. And on the contrary Denmark, where Church Lands are least alienated of any of the Reformed Countries and the City of Lubeck, where, of all the free Imperial Cities of Germany Liberty of Conscience is least given, they thrive least in both places. And I think it will also hold, that as this famous Kingdome, in the times of Popery, was in no measure so formidable as now it is; so before the Restauration of our Hierarchie to their Lands, their hoording up the money which before went [Page 19] in Trade, and their discouraging and driving into corners the industrious sort of people, by imposing upon their Consciences, it flourished more, was richer, and fuller of Trade, than now it is; And I dare undertake to be a Prophet in this, That if ever any Protestant Countrey, should be so farr forsaken of the Lord as to be suffered to turn unto Popery, these Observations will be made good in their visible losse of the Splendor, Riches, Power, and Greatness, that they now know.

Had Cromwell been a Person of an open prophane Life, his Actions had been less scandalous; but having been a Professor of Religion, they are not to be pleaded for, neither can it be consistent with Religion to palliate them which have been of so much offence, and (as may be feared) made so many Atheists in the World; And I cannot but stand amazed, when I hear him extolled by some, not ignorant of his Practises, knowing in Religion, and (as I hope) fearing God.

Now I will suppose, I may be suspected to have been injured, or disobliged by Oliver; but I can with Truth affirm, I never received either Good or Evil from him in all my Life, more than in Common with the whole Kingdom (which I think may be allowed to render me the more a Competent Judge in his Case;) and that I am so farr from being moved unto this, out of any quarrel to him, that, as I have here mentioned, some few of many Injustices, and State-errors, that he was guilty of in his short time, If I were conscious of any thing more, during his Protectorship, worthy applause, than I have here mentioned, I should not envy it him, but freely remember it; and if any think I have not said enough on his behalf, and too much to his disadvantage, I have this for my Buckler, that I wish I could have said more for him, and had known less against him; professing, that besides what I have here hinted, I am wholly ignorant of any one Action in all his Four Years and Nine Moneths time, done either wisely, Vertuously, or for the Interest of this Kingdom, and [Page 20] therefore that I am none of his Admirers, I ought to be pardoned by my Readers.

Much more might be said upon this Subject, but this may suffice to shew, that if Mazerine (at the hearing of Olivers death) thought he had then reason for calling him a Fortunate Fool, if he were now living, he would finde more Cause for it, Cromwell's Lott, as to Reputation, having been exceedingly much greater since his death, than whilst he was in the World: And that from forgetfulness of his impolitick Government, (from whose Entrance we may date the commencement of our Trades decay;) And (through want of memory) in mens giving to him the Cause of our former Wealth and Prosperity, which truly belongeth to others. But what opinion soever Mazerine may have had of Oliver, he was without all peradventure a Person of more than ordinary Wit, and no otherwise a Fool than as he wanted Honesty, no Man being wise but an Honest Man.

FINIS. [...]

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

I Have read over the Book you sent me, entituled, The present Interest of England stated, and shall deliver you impartially my opinion of the Author's judgment. I had done it sooner, could I have believed the giving you so much [Page 4] trouble would admit of an excuse. But if at any time my sending you these Papers can be pardonable, it is now, when we are engaged in a War against the Dutch, since the Argument upon which they are written, is the subject of common discourse. In the first place, I shall take notice, that this Author treats of our Domestic Affairs, not only more rationally, but more like a man concerned for the good of England, than he does of our Interests abroad: For then, instead of examining calmly, how far the friendship of other Countries would at this present be useful to us, he falls into passionate expressions of kindness for the Hollanders; as if our principal design in seeking Foreign Alliances, ought not to be the encrease of our wealth and power, but the finding out humors in another Nation that please us, and the being civil to those with whom we have been longest acquainted. This is a mistake so general amongst us, that I dare not find much fault with it, for fear of being censur'd my self; having observed in most of our discourses upon things of this nature, that though we ought to be in earnest only for our selves, yet out of our extraordinary zeal for some other Country, the debate between us commonly ends in our being ready to go to cuffs one with another.

I fully agree with him, that it is the interest [Page 5] of the King of England, to make himself head of the Protestants, and that he should do it, not by being violent for any one Sect, but by taking generally into his Protection all Christians whatsoever, that will not submit to the Government of the Church of Rome. I also approve of his stating the true interest of England to be Trade, of his observation of some of our customs which are useful to it, of his Proposals of new Laws to be made for the advance of it, and of the necessity of having some enlargement given to people in matters of Religion; for whoever considers the advantage England has by its situation, above the rest of the whole world, as to matters of Trade, cannot choose but conclude, that all Traders would desire to live here, if our Laws did not make it uneasie to them.

In a word, I differ from him in none of his Maxims relating to our interest at home, and therefore he ought to take it the less ill of me, if I cannot agree with him in all his notions concerning our Alliances abroad. Thus far I am of his opinion, that we ought to keep a good correspondence with Spain, that we should hinder the ruin of Flanders, and that we are to use our utmost endeavours to preserve the command of the Baltick Sea from falling absolutely into the hands, either of the King of Denmark, or the King of Swedeland. I do [Page 6] also believe, the interest of the Hollanders and ours, as to that point, is the same; but why therefore we should be so far transported, as not to care what prejudice they do us in other matters, is a piece of Policy I do not very well understand, neither do I see the consequence why even as to that end, the Dutch must needs be so powerful at Sea, as they are now; for if they were less considerable in shipping, it would not be less their interest to keep the Dominion of those Seas divided, nor less in their power to effect it, by joyning their Forces with ours. In the beginning of his Book, he rightly states the Interest of England to be Trade; but when he comes to his Politicks, he recommends to us in the first place, and as the main point of which we ought to be most careful, that we should be friends with the Dutch, and study their Interest, because they are Traders: never considering that the same reason which should make us endeavour the growth of Trade in our own Countrey, must of necessity oblige us to do all we can to obstruct it in another; and that the strength of his Argument in plain English, is no more than this, That because we love Trade, therefore we ought to love those that take it from us. Had the Author been a Lover, instead of a Politician, he would have known, that Rivals are the things in this world, which men commonly do, and ought most to hate. He [Page 7] goes on and tells us, that it would be of dangerous consequence to England, if the French King should gain any Towns in Holland, because then he would ruine their trade: How right soever he may be in this notion, he is mistaken at least in his reason, for it were certainly better for us, if no people in the world traded by Sea, but our selves.

He says, that if the Hollanders and we were joyned, we might both together be very considerable. That cannot be denyed; but what Reason have we to believe, they ever will joyn with us to our Advantage? except it be that they never have done so yet, and that it has been their constant Practice to massacre and make Slaves of our Countreymen in the East-Indies, at the same time they amuse us with fair Promises at home. A Humanity to which they owe more the Greatness of their Possessions in those Parts, than to any other Virtue, for which the Author of this Book can justly commend them.

He says, that their being industrious and parsimonious is not a good Reason why we should dislike them; as if we ought to observe the same Rules between us and other Nations, which we are bound to keep amongst our selves. The true Aim of every English Man should be the Good and Prosperity of [Page 8] England; for that Reason Industry and Parsimony are to be wished for in the Inhabitants of England, because they are Qualities advantageous for us, and useful to our Trade: but for the same Reason, they ought not by us to be wished for in the Inhabitants of Holland, because those Qualities in them are prejudicial to England, and destructive to our Trade. In short, we may love particular men for what Reasons we please, but the measure of our Love to other Nations ought to be only their being useful to ours. I do not from hence infer that because of their Parsimony we ought to do them Injustice, but on the other side, I see no Reason why we should receive any from them, because they are a niggardly People.

He enters then into a great Admiration of their Morals and Justice, the contrary of which he would certainly have been convinced of, if he had lain but one Night in any Inn of their Countrey. It is true, that almost the whole Nation being Merchants or Tradesmen, every ones Endeavour to undersell his Neighbour, is the Cause why in the Shops things are sold at a pretty cheap Rate; but for this we are to thank their Necessities, and not their Morals, nor their Justice.

[Page 9]

The Author in one place touches a little upon the Necessity of inviting all Princes whatsoever into the Triple League. A Maxim much in vogue with some, who looking very grave, do therefore take it very ill, if for that Reason, you will not allow them to be infallible. To make appear the Profoundness of which Notion, it is necessary that I explain a little what the Triple League is:

The Triple League was made between the King of England, the King of Swedeland, and the States of Holland, when the French King had entred Flanders with a very powerful Army. The Design of this League was to induce the French to make a Peace with the Spaniard, upon such terms as should be proposed to them by the Confederates of the Triple League; and that they might the easier bring this to pass, they were forced to offer such Conditions as were not altogether for the King of Spain's Advantage, though such as preserved the greatest part of Flanders in his Possession.

At the same time the Confederates made Articles amongst themselves to help one another, in case any of them should be invaded, for having made the Triple League, ei [Page 10] ther by the French King, the King of Spain, or by any of their Allies.

Upon this followed the Treaty at Aix la Chapelle, where the French and the Spaniards accepted of the Articles delivered to them by the Confederates of the Triple League, and the Confederates became their Guaranties or Sureties for the Performance of those Articles on both sides. This being the State of the matter, it is very true, we may admit other Princes into the Guaranty of the Peace, but to say, we should invite them into the Triple League, which enforced the Peace, is as much as to say, we should desire their Conjunction in order to the making of a Peace, which had been already concluded several years before; and that, if you mark it, is such a kind of Figure in Discourse as commonly is called a Bull.

Besides, we were then forced to agree to several Articles both with the Swedes and the Dutch, which it would not be for our advantage now to make with the Emperor or the Princes in Germany: it being no Consequence, that because the Swedes, the Dutch, and we did mutually engage to assist one another, upon our own Charge, at a time when we were afraid the French might invade us; that therefore now when we are in no such dan [Page 11] ger, we should promise to help any other State or Prince, except they will pay us very well for it. They might consider too, if they please, that we are a little nearer Flanders than Hungary; and that it is not altogether so difficult for us, to transport our men to the other side of the Water, as it would be to make them march into the farthest Parts of Germany, as often as it should happen to be invaded by the Great Turk; and that the Emperor should claim our Assistance, because the Great Turk is one of the King of France his Allies. Observe I beseech you, the prettiness of this Politick Gradation, and the Consequence of it, if it were put in Practice: Because we have thought it fit to defend our Neighbours in Flanders, we must therefore presently march into the Empire, to defend there some who are not our Neighbours, nor indeed within the Reach of our Protection. Now I would very fain know by this Rule of theirs, when our poor Countrey-men should hope to be at Rest? For the same charitable Reason would lead us on as well to the farthest Parts of Europe, nay of the whole World, if these Politicians could but catch us once in a good humour. I must confess, if it be our Ambition to gain the Name of Peace-makers General, without any Consideration, either of our own Interest or Profit in the case, then [Page 12] this were the readiest way to compass that End: but if we will look back into the Examples of former Ages, we shall find, though many Nations have gone a great way for Conquest into Foreign Parts, yet that never any before went so far out of the way to defend their own Countrey.

There is another Conception of this kind insisted upon by some, as a matter of very great weight, which is, that now we must not fall out with the Dutch upon any Provocation, because that would be a Breach of the Triple League. This (under favour) is an Absurdity yet greater than the former, there being no one thing you can allege as a Consequence to any other thing whatsoever, that will not make every whit as sensible a Conclusion as this. For Example, to say, that you ought not to go to Bed to night, because the King of Spain did not go yesterday a hunting; or that I must not dine to morrow, because Monsieur de Wit loves dancing, is not a more incoherent Discourse, than that because we have promised with the Dutch to save Flanders from the French, therefore what Injuries soever the Dutch shall offer us, we cannot defend our selves against them. The Argument, if you mark it, is just thus, that because I agree with William to save Thomas, therefore I am bound to let William cut my Throat. If those good men that start these Notions, would instead of [Page 13] instructing others, but take the Pains sometimes to think themselves, they would find that Self-Preservation ought to be look'd after a little in these kind of Affairs; And that if the Consequence of the Loss of Flanders did not somewhat concern us, we should be no more in pain about it, than we were for the Conquest of Granada.

I shall now take upon me to state the Interest of England, and begin as this Author does, though I differ with him in the Conclusion.

The undoubted Interest of England is Trade, since it is that only which can make us either Rich or Safe; for without a powerful Navy, we should be a Prey to our Neighbours, and without Trade, we could neither have Sea-men nor Ships. From hence it does follow, that we ought not to suffer any other Nations to be our Equals at Sea, because when they are once our Equals, it is but an even Lay, whether they or we shall be the Superiours. And it would not be a stranger thing that the Dutch should come to be so from what they are now, than it is, that they are arrived to what they are now, from what they were in Queen Elizabeths time. I shall add to this one Observation, which in my Opinion is very clear:

[Page 14]

That England has never been so considerable since her time, as it was then, and yet it is much more so in it self, the Kingdom of Scotland being now joyned to the Crown of England, which it was not before. If you enquire into the reason of this, you will find it to be, because we are not now so absolutely the Masters at Sea, as we were in those times: for though we have at present more, and better ships, and a far greater trade than we had then, yet we have of neither so much a larger proportion, in respect to other Nations, as we had at that time. The Dutch who were then but a company of Fishermen, being now both in shipping and trade very near our equals, and if you will take their words for it, our Superiours. And without doubt it is a vain thing for us to pretend to be a ballance between any considerable powers at Land, so long as we are thus equally ballanced at Sea by the Dutch. This it self methinks, should be sufficient to make us not very well pleased with the change of our condition; but our case has yet in it a a a (sic) further consideration, that we are by this means in a perpetual danger of being conquered. For though the Dutch alone cannot do it, yet by joyning with France they may, and it is that which a considerable party amongst them has been labouring for these many years. To this it is objected, that it can ne [Page 15] ver be the interest of Holland to joyn with France in the conquest of England; but for ought we know they may mistake their interest, and certainly it is not wisdom in any Nation, to have its safety depend upon the prudence of another: Besides, it does not appear to me, that it is not the interest of Holland to have England conquered by them and the French: For first, they may make such a division of England, as to keep to themselves the most considerable parts in it for trade, and being Masters of the French at Sea, they will be sure to make their party good with them in an Island. In the next place, those parts of England which should fall to be under the French, would be inconsiderable as to matter of Trade; that, and their Arbitrary way of Government, being incompatible one with another. And the reason is plain, for there are few that will put out their money upon this double adventure, of losing it at Sea, or having it taken from them when it comes home again. Besides, the nature of the English is so averse to the Government of France, and our Religion so different from theirs, that if England should happen thus to be conquered, they would be likelier to close with the Dutch, than become subject to the French. All the Trading men would live under the Dutch, and by consequence they would have all the rich Towns, and it is no difficult matter to determine what influence those Towns [Page 16] would have over the rest of the whole nation. For the very same reasons, if ever Holland should be in danger of a conquest, by the conjunction of the French and us, the Dutch would rather choose to become part of our Government, then submit themselves to the power of France. Against this I have heard some say, that because we endeavour to obstruct their Trade, the Dutch will never joyn with us: But those Gentlemen do not consider, that upon our conjunction all such endeavours would cease; for it would then be as much our interest, to promote their trade, as the trade of any other part of England. Another Argument which I have met with upon the same subject is, That the fear of us would force the Dutch to accept of conditions from the French: But upon a true examination of the matter, there will be found in the practice of it this difficulty, that the French will not trust to what the Dutch shall promise, without having such a power given them in their Country, as may force them to keep their words; and the Dutch will hardly trust the French with that power, lest it should be made use of to their prejudice, whether they keep their words or no. In short, the usual course that all men take, when they are no longer able to defend their own Government, is to choose what is next best for them. So that the natural question, if that should [Page 17] happen, must necessarily be, Whether, considering our Laws, and the Situation of our Country, the proffer of a Coalition with England, would not prove more acceptable, and more advantageous to a trading people, than any Terms they can expect from the French. The Sea Towns at least would fall to be our share: And then, though the French should be Masters of the rest of the whole States Dominions, we should have no reason to complain of our part in the Division. Nay, supposing the worst, that we should be so ill advis'd, as to let the French take all, and leave us nothing; yet, even in that case, the French King would rather make their strength at Sea inconsiderable, by their being subject to him, than his own more formidable, by his being their Master. For the power of Holland depends upon two things, their Parsimony, and their Liberty.

By their Liberty, they are encouraged to trade, and by their Parsimony, they are enabled to do it cheaper than any other people. Both which would certainly be destroyed by the profuseness of the French living, and the Severity of their Government.

[Page 18]

I do not pretend, that all this is as plain, as that two and two make four, it being impossible to use that certainty of reasoning in things of this nature: but thus far I dare affirm, that no man can be assured, but that some time or other the Dutch may take it to be their interest to joyn with France in the conquest of England; for which reason, I lay it down as a maxime, That we must never give them leave to be our equals at Sea.

In the next place, I think it our interest to preserve Flanders from being over-run by the French, lest that might prove of a dangerous consequence to us. But no apprehension of danger, ought to frighten us into a certain ruine; and therefore at the same time we are securing others by the Triple League, we may be allowed at least, to take some care of our own safety; for if whilst we labour to save the Crown of Spain, we suffer the Dutch to rob us of our trade, we shall make in my judgement, but a very ill bargain for our selves; and the world would have just cause to believe, the Dutch are our Masters already in point of understanding, if they could impose upon us so silly a notion, as that we should employ our strength to support their Government, and let them use their Arts to cut off the Sinews of ours.

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I told you at first the reason why I send you now these Papers, and if you find any thing in them with which you cannot agree, I shall be so far from being angry at your differing from my opinion, that you will do me a favour in convincing me to be of yours; being very much perswaded, it is better for a man to be really in the right, than to have it only thought he is so, either by himself or other people.

My aim in this is, that the Interest of England may be throughly search'd out; and I can truly say for my self, I never yet had any design, but what I believed was for the Honour, the Greatness, and the Prosperity of this Nation.

FINIS. [Page [i]] [Page [v]]

Table of contents

• TO THE READER.
• THE CONTENTS.

• THE PARALLEL.
  • DOLEMAN
  • BRADSHAW
  • SIDNEY and other of The True-Protestant Party.

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

ALthough the Kings Title to his Crown and Dignity, together with his just Right and Authority, over all Persons and in all Causes, are beyond Exception establish'd, by the Ordinance of God, and the known Laws and Constitutions of these Kingdoms; yet so far hath Prejudice, or something worse, prevail'd with some Men (and those not of the meanest Rank) as to suffer themselves to be led into a Belief. [Page 2]

That the Original of all Government is from the People; and that the Power which Kings and Princes have, was derived unto them from the People by way of Pact or Contract. Particularly, That the King of England (as appears from his CoronationOath) having solemnly engaged to his People, to maintain Religion, to execute Justice, and to keep the Laws and rightful Customs of the Kingdom; upon these Conditions was admitted to the Kingly Power. The which Conditions if he shall omit to observe (and of this they themselves will be Judges) they then fancy, that he hath forfeited his Crown; and that the People who first made him King may, by their Representatives in Parliament, dethrone and Depose him.

That this is the Scheme of some Mens Policy, the many Treasonable Papers, such as, The Association, Vox Populi, Appeal to the City, Coll. SIDNEY'S Papers, &c. together with the late horrid Conspiracy grounded thereupon, do sufficiently demonstrate.

And therefore I hope it will be no unseasonable Undertaking; but may, through [Page 3] Gods Blessing, contribute somewhat to secure the King's Liege-People in their due Obedience, whilst I endeavour to evince the Falseness and destructive Consequences of these Anti-monarchical Principles.

Which that I may the more effectually, and with the greater clearness perform, I shall first lay down the utmost Strength of their Cause in one intire Objection, and then endeavour their satisfaction in the following Answer.

OBJECTION.

THE Government of England is a mixt Monarchy, consisting of Three Estates King, Lords and Commons: And therefore the King of England is not an Absolute, but a limited Monarch; and as Such is to govern by, and according to, the Laws of the Land, and not otherwise: And by the Oath which he hath taken at his Coronation, he is obliged to use the Power, Trust and Office then committed to him, for the Good and Benefit of the People, and for the preservation of their Rights and Liberties. [Page 4]

Now if the King, thus entrusted to keep the Laws, and preserve Religion, should be guilty of a wicked Design, to subvert our Laws, and destroy our Religion, by introducing an arbitrary, Tyrannical Government; he must then understand, that he is but an Officer of Trust: And the Parliament of England (the Representatives of the People, in whom all Power doth originally reside) they are to take order for the Animadversion and Punishment of such an offending Governor. Parliaments were ordain'd to restrain the exorbitant Power of Kings, and to redress the Grievances of the People.

It is very true, what some have said, Rex non habet parem in Regno. But this is to be understood in a limited Sense: For though major singulis, yet he is minor universis. This we know to be Law, from that famous Lawyer BRACTON: Rex habet Superiorem, Deum & Legem, etiam & Curiam.

Which is thus Interpreted by Mr. SIDNEY.

For this Reason Bracton saith; That the King hath Three Superiors, to wit, Deum, Legem & Parliamentum; That is, The Power originally in the People of England, is delegated unto the Parliament. SIDNEY'S Tryal, pag. 23.

[Page 5]

That is, as I conceive, the Sum of all that hath been, and the utmost of what, I suppose, can be said in this matter. To which I return this

ANSWER.

THAT this Phrase a mixt Monarchy, though somewhat frequent in the Mouths of these Men, is yet no very plain or intelligible Expression.

For, if by a mixt Monarchy, they design such a Government, wherein though the Surpream Power may reside in one single Person, yet the Monarch is so limited in the Execution of that Power, that he cannot legally perform several Acts of Soveraignty without the Concurrence of his Subjects (as with us here in England, the King neither makes LAWS, nor doth raise Taxes without his Parliament) If this be the utmost they design, when they call England a mixt Monarchy; then, though the Expression is very improper (an arrand Bull, a flat Contradiction in adjecto) yet where we are agreed in the Thing, we shall not contend about VVords; but may safely [Page 6] grant, that in this Sense, as now explain'd, The Government of England is a mixt Monarchy.

But if by a mixt they denote such a Monarchy, wherein though the Style and Title of King, together with some Ceremonious Appendices of Royalty, as Cap and Knee, Guards, &c. are indeed invested in One single Person, yet the Supreme Power and Soveraignty is not solely and intirely in the Monarch, exclusively to all others (as with us here in England, say these Men, the Soveraignty by way of Coordination, is partly in the King, partly in the Lords, and partly in the Commons, and for this reason they are styled the Three Estates of the Kingdom) if this be their Notion of a mixt Monarchy (as most plainly it is, if Actions may interpret Intentions) it is then not only false and absurd, but dangerous and destructive. And therefore in this Sense we do peremptorily deny; That the Government of England is a mixt Monarchy.

For, The Supreme Power is solely in the King; and consequently the King is not, by way of Coordination, One of the Three Estates, [Page 7] but the HEAD and Soveraign of them all.

In order to this Conviction, the Dissenting Republican, who denyes this Truth, may please to consider,

That he who shall desire to inform himself rightly, where the Supreme Power in any Government is plac'd; as also by whom, how and how far such Power hath from time to time, been either exercis'd or restrain'd; he must of necessity have recourse to the Publick Laws and Constitutions of such Government. Particularly here in England, he who designs to be truly instructed in this matter; he must not receive his notice from the Discourses of private men (which are many times fallacious, partial and uncertain) but he ought to consult the Known Laws and Statutes those Authentick Records of the Kingdom.

Now the Oath of Supremacy, establish'd by several Parliaments, doth expresly Declare; That the Kings Highness is the only Supreme Governor of this Realm, and of all other his Highness Dominions and Countries, as well in all Spiritual or Ecclesiastical Things or Causes, as Temporal.

[Page 8]

Words as plain and intelligible as the Wit of Man could devise.

From whence 'tis obvious to make this Inference;

That if the King is Supream, then he hath no Superior; if only Supream, then no equal. If over all Persons (and as such the 55th. Canon enjoyns us to acknowledg him in our Prayers) then All Persons in these his Realms, and all other his Dominions and Countries, are subordinate or Subject unto him, and if subordinate, then none of them, either severally or joyntly are coordinate with him.

Now is it possible, after so plain and express a Determination, for any Man to doubt; That the Supream Power is solely in the King? I observe it is possible: For, some Men who will not be satisfy'd with Reason, do thus urge.

That the Oath of Supremacy, being expresly levell'd against the Usurpations of the Church of Rome, was consequently so fram'd as to discover those who are Popishly affected.

For, the Persons taking that Oath are obliged only to Declare; That they Re [Page 9] nounce all Foreign Jurisdictions: i.e. They do swear; That the King of England is no Feudatory Prince, and that he holds not his Crown in Fee, either from the Pope, or any Foraign Power whatsoever. But what is all this, say these men, to the Parliament? Or, how come this Oath to be urg'd against the Jurisdiction of the two Houses? Since in those very Statutes in which this Oath is enjoyn'd, the Legislative Power (which doubtless is the Supream Power) is expresly Established in the Parliament, as well as in the King, in these Words.

Be it Enacted by the Kings most Excellent Majesty, the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, and by the Authority of the same.

Lords Spiritual and Temporal and the Commons do Enact joyntly with the King, and therefore have a Coordinate Power.

To which it is thus Reply'd.

That when this Oath of Supremacy was first framed, the Pope being then the most noted Usurper, was for that reason more particularly mention'd than any other; but from thence to infer.

That it was design'd, by way of Test, [Page 10] to discover Those, who are Popishly-affected, is a very great Mistake.

For, the Supremacy of the Kings of England, being the chief Prerogative of the Crown, was always challeng'd and maintain'd by [Note: V. 27. Ed. 3. c. 1. 3 R. 2. c. 3. 7 R. 2. c. 12. 16 R. 2. c. 5. 2 H. 4. c. 4. 6 H. 4. c. 1. 24 H. 8. c. 12. 25 H 8. c. 19. 26 H. 8. c. 1. 37 H. 8 c. 17. Parl. 2. l. Mar. c. 1.] Popish Princes as well as Protestant, [Note: 1 Eliz. c. 1. 5 Eliz. c. 1. 13 Eliz. c. 2.] as appears by these several Statutes here mention'd in the Margent.

The Intent then of this Oath was not to discover who are Papists, but in plain Terms, who are Traitors: And therefore let Mens Pretences to Religion be otherwise what they will; if by scrupling this Oath, they refuse to give assurance to the Government, that they will be honest and loyal, they are to be esteem'd, if not Traitors, yet at least Trayterously affected.

And whereas they further urge, That the Coordinate Power of the Parliament is no way condemn'd by this Oath; which only takes notice of a Foraign Usurpation; They are for their satisfaction, desired to consider,

That, since rectum est Judex sui & obliqui, Domestick Usurpation is hereby excluded as well as Foreign: The Soveraignty of [Page 11] the People as well as of the Pope.

And as to that which is pleaded from the Form of the Statute, by the Authority of the same, as if the Lords and Commons did by their Authority, make and enact Laws joyntly with the King; To this I do humbly Answer, That this Expression, if duly consider'd, doth not in the least favour the Republican Fancy of a Coordinate Power.

Which I shall best express to vulgar Capacities (for whom this Discourse is chiefly design'd) thus faithfully by representing the Matter of Fact.

Although the Legislative Power is solely in the King, yet His Majesty doth not make Laws, without the concurring Advice and Approbation of his Subjects: For the King, like other Men, being mortal and of limited Capacity, is neither omniscient nor omnipresent. He cannot be in all Parts of his Dominions at one and the same time, and consequently can no otherwise be acquainted with the Grievances of his Subjects, but by the Reports of others.

To supply this Defect, he calls whom [Page 12] he pleaseth (such as he thinks able and faithful to assist and direct him) to be of his Privy Councel; whose advice he takes in the Execution of those Laws which are already Establish'd.

But since all human Laws are liable to Defects (for it is the sole Prerogative of Gods Law, as being the result of Infinite Wisdom and Goodness, to be exceeding broad; to be fitted to all times, and to answer all occasions) it is therefore sometimes necessary that new Laws should be made, and the old ones either abrogated and null'd; or else reinforc'd with greater Penalties.

In such Cases, according to the happy Constitution of these Nations, the King summons his Great Council; the High and most Honourable Court of Parliament; The Lords Spiritual, the Lords Temporal and the Commons; Representing the Three Estates of the Kingdom; Who coming from all Parts of the Nation, are best able to inform His Majesty of the Grievances of his Subjects; and by what Ways and Methods they may most suitably be redress'd.

In order hereunto; when any Proposal, [Page 13] or as we phrase it any Bill, hath pass'd the Approbation of the Two Houses; it is then humbly presented to the King for his Royal Assent. Which if His Majesty thinks fit to grant, then Le Roy le veult, makes it a Law: But if the King shall dislike the Bill, he then rejects it, with a Le Roy ne veult, the King will not pass it; or else in that more obliging Form of Denyal, Le Roy avisera, the King will consider or advise about it.

This is the plain matter of Fact. From whence 'tis very easie to understand, what this Form of words, By the Authority of the same doth import, viz. not of the same Lords and Commons (as if either Lords or Commons had an Authority contradistinct from, or coordinate with, the King) but by the Authority of the same Parliament.

The which Parliament, as Sir Edw. Cooke [Note: Instit. part 4. Cap. 1. p. 1.] informs us, consisteth of The Kings Majesty, sitting there as in his Royal Politick Capacity, and of the Three Estates of the Realm, viz. The Lords Spiritual, the Lords Temporal and the Commons. So that in Propriety of Speech, neither the Lords nor Commons (though in a vulgar Sense, and to some purpose [Page 14] purposes, they are sometimes so called) I say neither Lords nor Commons strictly and properly are a Parliament without the King; who summoning them by his Writs; and presiding over them as their Head, animates and informs them, and makes them a Legal Parliament, who otherwise, without the Royal Summons, would be no better than an unlawful and riotous Convention.

The Lords and Commons have indeed an Authority, to meet and sit and debate as a Parliament; But they have this Authority solely from the King, and not from Themselves or from the People: For, the King Calls them when he pleaseth, and so makes them a Parliament; and he Dissolves them when he thinks fit, and so makes them none.

Again, The Lords and Commons have an Authority, but not to Enact or make Laws (for the Words, Be it enacted refer only to the King) but to advise and consent to such Laws as shall be made by the King: And therefore this Phrase, Be it enacted by the Kings most excellent Majesty, the Lords Spiritual and Temporal, and the Commons [Page 15] in this present Parliament assembled, &c. hath an Ellipsis in it; and is to be read thus. Be it enacted by the Kings most Excellent Majesty, by the Advice and with the Consent of the Lords Spiritual and Temporal and the Commons in this Parliament assembled, &c. Advice and Consent though for Brevities sake they are not always express'd, yet are still to be understood.

And for the Truth of this, I appeal to the Form of our antient Statutes (as also to some modern ones) and that not only in the Title, but also in the Preface and Sanction of them. For till the time of Henry VIII. the words Advice, Assent or Consent were never omitted. As appears from the Statutes themselves, to which recourse to be had.

From these Premises it plainly appears, That the Supreme Power is solely in the King; and, That the Two Houses of Parliament are (not Partners in the Government but) his most Dutiful and Loyal Subjects; as in all their Petitions most truly they do stile themselves. And that this Form in our Statutes, By the Authority of the same, when rightly understood, doth neither [Page 16] give them Title to make Laws, nor perform any other Act of Soveraignty, which may countenance this Fancy of a Coordinate Power.

The next Pretence of these Republican Politicians (which I find they often urge in vindication of the late Rebellion) is this; That the King is One of the Three Estates; and from hence they infer: He hath but One share in the Government; and that the other Two are Co-partners with Him.

The which Suggestion being apparently False, I shall need to say the less in it's Confutation, especially being so happily prevented by a late Learned Head, viz. The Grand Question concerning the Bishops Right, &c.

The judicious Author of which Treatise having first premised;

That the whole Parliament assembled, are the best Judges, which are the Three Estates in Parliament; and that their Authority is more to be valued, than that of any particular Persons, whether Lawyers or others; He then, in many Instances, informs us from the Parliament Rolls and [Page 17] publick Records of the Kingdom; That the Three Estates are the Lords Spiritual, the Lords Temporal and the Commons.

In these Records we read of Impeachments made before the King, and all the Estates of the Realm. [Note: R. 2.] Of Commissions appointed by the Peers and Lords Spiritual and Temporal, and the Commons of the Kingdom, representing all the States of the Kingdom. [Note: R. 2.]

Of such and such things, advised and appointed by the Authority of the King, assenting the Three Estates of this Realm. [Note: 6 H. 6. n. 24.]

The Duke of Bedford appear'd in Parliament before the King and the Three Estates of this Realm. [Note: 11 H. 6. n. 10.]

In the Parliament 1 H. 6. The Queen Dowager, in her Petition, mentions the Ratification made in Parliament, 9 H. 5. and saith; It was not only sworn by the King, but by the Three Estates of the Kingdom of England, i.e. by the Prelates, Nobles and other Grandees, and by the Commons of the Realm of England.

And to add one Instance for latter times in the Parl. 1 Eliz. cap.3. The Lords Spiritual, the Lords Temporal and the Commons declare, [Page 18] That they do represent in Parliament the Three Estates of the Realm.

With several others which I shall not mention, but refer all those, who either want or desire satisfaction, to the Book it self.

And as to my plain, honest Reader, who hath neither ability nor opportunity to consult these Publick Records, I shall desire him to open his Common-Prayer-Book; and to turn to the Office for the 5th. of November. In the Preface of which he thus reads, A Form of Prayer with Thanksgiving --- for the happy Deliverance of the King, and the Three Estates of the Realm. And in the Collect before the Epistle, We acknowledg the Power, Wisdom and Goodness of God, in preserving the King, and the Three Estates of this Realm assembled in Parliament.

It thus evidently appearing; That the King is not One of the Three Estates, and consequently, that his Authority is not limited or restrain'd, by the Coordinate Power of the other Two; we may with better assurance proceed to examin the Truth of their next Suggestion, viz. That [Page 19] the King of England is not an Absolute Monarch.

In which Inquiry, least I should diminish the Kings just Right and Prerogative on the one hand, or encroach upon the Subjects Freedom and Liberty on the other, I must neither affirm nor deny without due Distinction.

Now the Kings Power and Authority doth admit of a Twofold Consideration.

For, either we may observe it's efficient Cause; the Spring and Fountain from whence it flows; or else may take notice of the Execution and Administration of it.

As to the First of these;

If the Question should be asked; whence hath the King this Power to Rule and Govern these Nations? Who gave him this Authority?

To this a just Answer may be suggested from His Majesties Royal Motto; DIEU ET MON DROIT, God and my Birth-right have given me these Kingdoms.

[Page 20]

If it further be demanded, How Birthright doth Entitle to a Crown? 'Tis then truly replyed That it is a Fundamental Law of England, That the Crown doth descend to the next in Blood; England being not an Elective but an Hereditary Kingdom.

And from hence we are occasionally instructed, how to understand that Controverted Place in Bracton (which I therefore mention because I find it repeated with great Triumph in several Pamphlets) Lex facit Regem; the Law makes the King; The Law, i.e. The Law of Succession. [Note: Lib. 1. c. 7. f. 5. and Lib. 3. c. 9. f. 107.] In which Sense doubtless my Lord Cook (as I have somewhere read) told King James, That the Law set the Crown upon his Head.

And it is the same Law that set the Crown upon the Head of His Present Majesty.

For though His Majesties personal Qualifications deserve a Crown; yet it was not any Acceptance or Consent of the People, express'd at his Coronation or otherwise, but it was his Birth-right only which made him King, because Son and Heir apparent of King Charles the First.

This is the full Import and Meaning of that saying of Bracton.

[Page 21]

But now from hence to infer (as some canting Polititians have done) That because The Law, in this Sense as now explain'd, makes the King; therefore the Law is Superior to the King; therefore the Law hath a Coercive Power over the King; therefore, If the King shall neglect to Discharge his Trust, the Parliament of England (who are not only the highest Expounders, but the sole Makers of the Law) can by that Law which made him King, censure and condemn him for his Neglect. [Note: Bradshaw's Harangue at the Kings Tryal. ] I say thus to infer, is not only false and explosive in it self; but Treasonable to the King, and Destructive to the Kingdom: But of this, God willing, more fully in it's proper Place.

It may suffice at present to observe, that the Crown of England is an Imperial Crown, i.e. Such a Crown which as to the Coercive part, is not subject to any human Tribunal or Judicature whatsoever, as most plainly appears from our Law-Books and Statutes.

It was asserted in our Laws in the Time of King Richard the Second, That the Crown of England hath been so free at all times, that it hath been in no EARTHLY SUBJEC [Page 22] TION BUT IMMEDIATELY SUBJECT TO GOD, in all things touching the Regalty of the same Crown, and to none other. [Note: 16 R. 2. c. 5.]

And in 24 H. 8. it was declared in Parliament, That this Realm of England is an Empire, and so hath been accepted in the World, govern'd by one Supreme Head and King, having the Dignity and Royal Estate of the Imperial Crown of the same; unto whom a Body Politick of Spiritualty and Temporalty, been bounden and owen to bear NEXT TO GOD; a natural and humble Obedience. [Note: 24 H. 8. c. 22.]

And 25 H. 8. It is Declared; That This Realm, recognizing NO SUPERIOR UNDER GOD, BUT ONLY THE KING, hath been, and is free from Subjection to any man's Laws, but only to such as have been devized within the same. V. 1 Eliz. cap. 3. & 1 Jac. c. 1. which are very pertinent to be perused, in confirmation of these preceding Statutes. [Note: 25 H. 8. c. 21.]

And if private Authorities may not seem superfluous after the recital of such Authentick Records, I might largely confirm this Supreme Independent Power of the King, by the repeated Testimonies of our most eminent and noted Writers.

[Page 23]

But because I would not be too tedious, I shall mention none but the forecited Bracton Lord Chief Justice under Henry the 3d. And I the rather take notice of Him, because some passages in his Works have been perverted and abused, by the IGNORANCE and MALICE of ill designing Men.

From this Learned and Judicious Author we are thus instructed.

[Note: ‘Omnis quidem sub eo, & ipse sub nullo, nisi tandtum sub Deo. Parem autem non habet in Regno suo, quia sic amitteret preceptum.’ ] All Ranks and Degrees of Men are subject to the King; but the King himself is under none but God. There is none equal to him, or coordinate with him in the Kingdom; such a fancy being wholly inconsistent with his Kingly Power ------ ( ‘Si autem ab eo petatur (cum breve non currat contra ipsum) locus erit supplicationi quod factum suum corrigat & emendet, quod quidem si non fecerit, satis sufficet ei ad panam quod Dominum expected ultorem.’
‘Nemo quidem de factis suis præsumas disputare, multo fortius contra factum suum venire.’
Vid. Bracton de Leg. Ang. Lib. 1. cap. 8. Sect. 5. fol. 5.) And if any Man hath occasion to implead the King (since no Writ can be taken out against him) he must then proceed by way of Petition. But if the King shall still refuse to do him right, it will be sufficient punishment for him to expect the Lord as an Avenger. [Page 24]

Doubtless no man should presume to question the Kings Actions; much less to oppose them by force.

And in his 5th. Book de Defaltis Cap. 3. Sect. 3. he speaks the same Language.

For having put the Case, That if the King being Petition'd to redress the Grievances of his Subjects, should yet neglect to grant them Justice, what further course the Subject might take for his Relief? He Rules it thus.

( ‘Quo casu cum Dominus Rex super hoc fuerit interpellatus, in eadem voluntate quod velit tenentem esse defensum cum injuria, cum teneatur Justitiam totis viribus defensare, ex tunc erit injuria ipsius Domini Regis, nec poterit ei necessitatem aliquis imponere quod illam corrigat & emendet nisi velit, cum superiorem non habeat nisi Deum, & satis erit illi pro pœna quod Deum expectet ultorum.’
Bracton Lib. 5. de Defaltis c. 3. Sect. 3. fol. 368. ) If the King, who is bound to administer Justice to his utmost Power, will not recal the wrong he did upon a false Suggestion; in this case he injures his Subjects, but no body can force him to do Right; because he hath no Superior but God only. And it is sufficient that we shall have a day of hearing hereafter at a Just Tribunal.

V. Lib. 2. c. 24. Sect. 1. p. 55. & lib. 2. c. 37. Sect. 5. p. 87. & lib. 3. c. 9. Sect. 3. p. 107.

[Page 25]

But here I am Allarm'd with that noted saying of this Author; Rex habet Superiorem, Deum & Legem etiam & Curiam.

And there is scarce a Pamphlet, pretending either to Law or Latin, which doth not triumph in this Sentence of Bracton. [Note: Vid. Sidney's TRyal p. 23.] I am therefore oblig'd, for their sakes who may otherwise be misguided, to endeavour the full Sence and Meaning of these Words.

In order to which Task, and that he may the better apprehend the clearness of my Answer, I must trouble my Reader to peruse the whole Section.

‘De Chartis vero Regiis & factis Regum, non debent nec possunt Justiciarii, nec privatæ personæ disputare; ne etiam si in illa dubitatio criatur, possunt eam interpretari, & in dubiis & obscuris, vel si aliqua dictio duos contineat intellectus Domini Regis erit expectanda interpretatio & voluntas, cum ejus sit interpretari, cujus est concedere, & etiam si omnino sit falsa propter rasurani, vel quia forte signum appositum est adulterinum, melius & tutius est quod coram ipso Rege procedatur ad Judicium. Item nec factum Regis, nec chartam potest quis judicare, ita quod factum Domini Regis irretetur. [Page 26] Sed dicere poterit quis, quod Rex Justitiam fecerit, & bene, & si hoc, eadem ratione quod male, & ita imponere ei quod injuriam emendet, ne incidat Rex & Justic. in Judicum viventis Dei propter injuriam. REX AUTEM HABET SUPERIOREM, DEUM, S. ITEM LEGEM, PER QUAM FACTUS EST REX, ITEM CURIAM SUAM, viz. Comites, Barones, quia Comites dicuntur, quasi socii Regis, & qui habet Socium, habet Magistrum, & ideo si Rex fuerit sine fræno, i.e. sine Lege, debent ei frænum ponere, nisi ipsimet fuerint cum Rege sine fræno, & tunc clamabunt subditi & dicent, Domine Ihesu Christe in chamo & fræno maxillas eorum constringe, ad quos Dominus, vocabo super eos gentem robustam & longinquam & ignotam, cujus linguam ignorabunt, quæ destruet eos, & evellet radices eorum de terra, & a talibus judicabuntur, quia subditos noluerunt juste judicare & in fine, ligatis manibus & pedibus eorum, mittet eos in caminum ignis & tenebras exteriores, ubi erit fletus & stridor dentium.’ V. Lib. 2. c. 16. [sect]. 3 fol. 34.

This is the Section, in which that controverted Passage, Rex habet Superiorem, &c. is contain'd.

[Page 27]

Now as preparatory to a just Explication, it will be pertinent to consider these Two Things.

First, That all difficult and obscure places in any Author, ought to be determined by such as are plain and obvious; but not e converso; and therefore,

Secondly, When we doubt of the true Sence of an Author, it is much more modest as well as charitable, to confess our own Ignorance, and to say, we do not know what he means, rather than to calumniate and mistake him, by affixing such a Sence to his Words as he never intended.

And consequently, it might be a sufficient Answer to affirm; That since our Bracton hath so plainly and so often told us; That the King is under none but God, That all Orders and Degrees of Men are Subject to the King, That he hath no equal much less Superior, That no man should presume to question his Actions, &c. It evidently follows,

That whatever can be understood by this Curia (whether Lords or Commons) yet this Curia is not Superior to the King: It neither gave him his Authority at first, nor hath the least shadow of a Cooercive [Page 28] Power, to limit and restrain him. For certainly that cannot be the meaning of Bracton, which he hath so expresly contradicted in other parts of his Works.

But that I may Answer as well as Evade, I now come to explain, what I think to be the true Sence and Meaning of these Words, Rex habet Superiorem, &c.

The Subject matter of this Second Book of BRACTON is, De acquirendo rerum Dominio. It explains the nature of Legal Titles; and sets forth the several ways, by which a man may acquire such a Right and Property in the thing possess'd as to call it his own. And amongst many others, DONATION as being the chief, is more particularly consider'd by him.

Now these Gifts or Grants (as he tells us in the beginning of this 16 Chap. Sect. 1.) fiunt in scriptis, sicut in Chartis, ad perpetuam memoriam, propter brevem hominum vitam, & ut facilius probari possit Donatio. They are for Mortalities sake, put into Writing, that so the Donee (should his Title be question'd) by the Evidence of such enrolled Deeds, may secure his Possession.

Of these Grants or Charters, some are [Page 29] made by the King; others by private Men. And having largely discours'd of these private Charters, Sect. 2.4. and so on; in this intermediate 3d. Sect. he more particularly gives us his Judgment de Chartis Regiis; which by way of Eminency are stiled Charters.

De Chartis vero Regiis & factis Regum, non debent nec possunt Justiciarii, nec privatæ Personæ disputare: Neither the [Note: Who are here meant by those Justiciarii, let the learned in the Law determine.] Justiciarii nor private persons, have any Commission to dispute the Kings Charters; or to question any other of his Majesties Proceedings; nec etiam si in illa dubitat io oriatur, possunt eam interpretari: For where the Royal Grant is doubtful and obscure, it would be presumption in them to pretend to explain it. Et in dubiis & obscuris, vel si aliqua dictio duos contineat intellectus, Domini Regis erit expectanda Interpretatio & voluntas; cum ejus sit interpretari cujus est concedere.

But if any part of it be ambiguous, and doth admit of a double Sense, than the Kings pleasure (since His Majesty who first made the Grant best knows his own Mind) is the surest and most authentick Interpretation; Et etiam si omnino sit falsa [Page 30] propter rasuram, vel quia forte signum appositum est adulterinum, melius & tutius est quod coram ipso Rege procedatur ad Judicium.

Moreover should there be suspicion, that any Charter (either by erasing or corrupt Interpolation) hath been falsely transcribed, 'tis the best and safest course, to determine the matter before the King himself. Item nec factum Regis, nec chartam potest quis judicare, ita quod factum Domini Regis irritetur. However (as was said before) let no man presume to censure the Kings Charters, or any other of his Proceedings, so as to make null and void the Act and Deed of our Lord the King.

Sed dicere poterit quis, But here it may be Objected, quod Rex justitiam fecerit & bene, If the King will do Justice, 'tis well; & si hoc eadem ratione quod male, & ita imponere ei quod injuriam emendet, ne incidat Rex & Justic. in judicium viventis Dei propter injuriam, and should he not do Justice, it seems that must be well taken too, since no body dares tell him that he doth amiss, and accordingly there will be none to admonish him to correct his fault, that so he may escape the Judgment of the living God.

[Page 31]

To this Objection BRACTON returns an Answer, though indeed not ushered in with the usual Formality of a Sic Respondeo. And his Answer is this;

Rex autem habet Superiorem, &c.

'Tis true indeed, none can controle the Kings Person or censure his Actions (his Majesty being Supream over all Persons, and in all Causes) autem; but yet we have these encouraging Reasons, that the King will do Justice, and govern his People according to Right.

For 1. Rex habet Superiorem, Deum, sc. As high and as great as the King is, there is one higher and greater than he, even Almighty God; The King of Kings and Lord of Lords. It is therefore much hoped; that a due Sense of this dreadful Majesty (before whose Tribunal the greatest Monarchs as well at the meanest of their Subjects must one day appear) may over-awe and restrain the King from all unjust and injurious Proceedings.

2. Item Legem per quam factus est Rex. And moreover the better to enable the King to do Justice, there is a Law to direct him in his Interpretations, the which [Page 32] Law his Majesty is obliged even in gratitude to observe, since it was the Law which made him King. (But how this must be understood is already explain'd.)

3. Item, Curiam suam, viz. Comites, Barones; but besides these Two preceding Considerations, there is a Third Expedient to restrain the King from all unjust and exorbitant Proceedings.

For, as there is a God in Heaven to overawe him; and as there is a Law on Earth to direct him: So likewise he hath his Curia, to admonish and advise him, viz. Comites, Barones, quia Comites dicuntur quasi Socii Regis; His Nobility, his Earls and his Barons; who by reason of their constant attendance at Court, are admitted into a nearer Familiarity with his Majesty, and are, as it were, the Kings Companions. Et qui habet Socium, habet Magistrum; and by such Intimacy as this, they are, in some sort, the Supervisors and Censors of his Actions; Et ideo si Rex fuerit sine fræno, i.e. sine Lege, debent ei frænum ponere. If therefore the King shall omit to observe the Laws; 'tis then their Duty to admonish him of his neglect; saying, SIR, This is [Page 33] the Law, this should bridle you; this should limit and direct your Actions. And this doubtless they will do, nisi ipsimet fuerint cum Rege sine fræno; unless they themselves have a mind to be lawless as well as the King.

But if matters should be brought to this pass, what shall then the poor Subjects do? how shall their Grievances be redress'd? Shall it not then be lawful to take up Arms (in the just Defence of King and Kingdom) to remove these evil Councellors from the King? No such matter! & tunc clamabunt subditi & dicent, Domine Iesu Christe, in chamo & fræno maxillas eorum constringe; Our honest Bracton allows the Subject no other Arms against his Soveraign, but the old Primitive Artillery of Prayers and Tears.

Ad quos Dominus, vocabo super eos gentem robustam & longinquam & ignotam, &c. And if the Subjects being under any Oppression, shall thus dutyfully refer their cause to God, he will then take Care to do them right; and will not only restrain, but also punish their Oppressors: As our Author more fully explains to the end of this 16. [Page 34] Section, which I shall not need to translate any further, there being no difficulty in it.

If this Paraphrastical Translation (which I thought would most naturally lead us to the true sence of the words) doth not yet fully remove the Doubt; I shall then, for the Readers satisfaction, give this further Interpretation.

BRACTON in this 2d. Book Chap. 16. [sect]. 3. is discoursing (as I have already observed) de Chartis Regiis. And he tells us; that the Royal Charters, when either doubtful or obscure, are to be determined coram Rege i.e. in the Courts of Kings-Bench and Chancery. (For these being the Kings own immediate personal Courts, in one of which the Kings of England have formerly sate in Person, all Writs returnable there run in this Style, coram nobis; and all judicial Records there are stiled, and the Pleas there holden entered Coram Rege. And therefore this Phrase in BRACTON Coram Rege is, I think warrantably render'd, the Courts of Kings Bench and Chancery.

Now if the Plaintiff shall suspect, that the Proceedings in these Courts are not just [Page 35] and equal, he may then make his Appeal. For the King hath not only Legem; his ordinary Courts of Justice, but also Curiam suam, (viz.) Comites, Barones His HOUSE OF LORDS. The Cause may then be removed by Writ of Error, or by Appeal into the House of Lords.

But if the Party shall still complain that he hath not Justice; there is then no other Remedy but Prayers and Patience.

For, this House of Lords being the Supreme and highest Court of Judicature, no Earthly Appeal can be made any further. Sistendum est in aliquo. In all Judicial Proceedings, Ecclesiastical and Civil, there must be a non ultra . For, as the Law of Nature doth instruct us, that Appeals must of necessity be allowed (otherwise those Injuries which may be occasion'd, through the Ignorance or Corruption of inferior Judges could never be redress'd) so the same Law doth also teach us; That Appeals must not be Infinite; i.e. There must be some Supreme Power, in whose final Determination (be it right, or be it wrong) all Inferiors must acquiesce and submit. Otherwise, no Controversies could be decided; nay, [Page 36] there could be no Government, nothing but Disorder and Confusion in the World.

These are my present Thoughts of this difficult Passage: And whether I have yet given it's proper Sence is humbly submitted to the Impartial Reader. But whether I have or have not; the Republican Objector is again desired to take notice;

That whatever else can be the meaning of these Words, yet our Bracton doth not affirm this Curia to be superior to the King; Such an Interpretation being inconsistent with Grammar as well as Loyalty.

We have this Rule in our Syntaxis; that, If the Relative be referr'd to two Clauses or more, then the Relative shall be put in the Plural Number.

If therefore this Relative word Superior do refer not only to Deum, but also to Legem and Curiam, it should not be Superiorem in the Singular, but Superiores in the Plural.

Bracton was not only very learned and judicious as to his Sence, but also (considering the Age he lived in, and the Subject he discours'd on) very polite and elegant as to his Style; and consequently we must [Page 37] not suppose him guilty of so gross a Solæcism, which the meanest School-Boy is able to correct.

If the Patrons of the Faction, who are very hard to please, shall think fit to Reply; That it is a most unusual and Pedantick Method, to interpret a Law-Maxim by a Rule in Grammar; and thence are unalterably resolv'd to insist upon it; That unless we can explain, in what Sence this Curia is Superior to the King, all that hitherto hath been said on this occasion is trifling and explosive;

If, I say, these Republicans will not otherwise be contented, let them then take it thus. Rex habet superiorem ----- Curiam ----- i.e. The King can do more with the Advice and Assistance of his Curia then without it. Or more plainly thus. The Kings of England have more Power and Capacity in Parliament, then out of Parliament.

If this will not satisfie. Cras respondebo. For at present, I think fit to add no more in this matter.

This passage of BRACTON (which hath given us so large a Digression) being thus dispatch'd; we shall now return to our former Discourse.

[Page 38]

'Tis undeniably evident from the Authentick Records of the Kingdom (not to mention private Authorities) That the King of England hath no Superior but God. That His Majesty did not receive his Authority from any Earthly Power. That he is not Fœudatory, either to the Pope or any other Foreign Prince, much less to his own People. That he was not admitted to his Kingdoms with any Limitations or Conditions; As the Kings of Poland and some others are. And consequently, since the Terms Absolute and Conditional are opposite and contradistinct; If the Kings Power and Authority (with respect to its Original Efficient Cause) be neither Conditional nor Dependent, it is then Absolute as well as Independent. And therefore we may safely conclude (in this sence as now explained) The King of England is an absolute Monarch.

But here I expect it will be reply'd (and 'tis a very Popular Objection.)

That the Coronation Oath, in which there is a plain Contract and Bargain between the King and his People, doth sufficiently intimate; That the Crown is Conditional, i.e. was conferr'd upon his Majesty with cer [Page 39] tain Limitations and Conditions. For, the King having promised, to keep and defend the Laws and rightful Customs of the Kingdom, &c. He is then publickly shew'd to the People; and their consent to his Coronation being first demanded; he is, by that solemn Action, accepted as their King. Plainly insinuating, that without such a Promise on his part, he would not have been accepted on theirs. And from hence Mr. SIDNEY (a very Authentick Author with some men) doth infer; That there is a mutual Compact between the King and his Subjects; and if the King doth not perform his Duty, the Subjects are discharg'd from theirs. His words are these, That those Laws were to be observ'd, and the Oaths taken by them, having the Force of a Contract between Magistrate and People, could not be violated without danger of dissolving the whole Fabrick: Which in plain English is this: If the King breaks his Oath, and doth not govern according to Law; he then forfeits his Crown, and the People are absolved from their Obedience.

In Answer to which, we are to take no [Page 40] tice; that this plausible Objection is raised upon a false Foundation, viz. That the Coronation Oath makes the King; which is a most gross as well as dangerous Mistake; the King being as perfect and compleatly King before his Coronation as after.

'Tis a Maxim of our Law, The King never dyes: There being no such thing here in England as an Interregnum. For the very same moment that the Predecessor deceaseth, the Rights of Majesty descend and fall upon the Successor. And herein I am instructed by those eminent Lawyers, the Lord Chancellor Egerton, and Sir Edw. Coke. By the former thus,

The Soveraignty is in the Person of the King, the Crown is but an Ensign of Soveraignty. [Note: L. Chanc. Egerton Postnat. p. 73.] The Investure and Coronation are but Ceremonies of Honour and Majesty. The King is an absolute and perfect King before he be Crowned, and without those Ceremonies.

By the latter in these Words: If the Crown descend to the rightful Heir, he is Rex before Coronation. [Note: Cooks Inst. part 3. p. 7.] For by the Law of England there is no interregnum: and Coronation is but an Ornament or Solemnity of Honour. And so it was resolv'd by all the Judges, Hil. 1. Jac. in the [Page 41] Case of Watson and Clark Seminary Priests: For by the Law there is always a King, in whose name the Laws are to be maintain'd and executed, otherwise Justice should fail. Thus he,

But that I may effectually convince our Associators of their mistake in this matter, I thus argue ad hominem.

Was his present Majesty actually King (i.e. King de facto as well as de jure) before his Coronation, or was he not?

If they acknowledg that he was; the Cause is then decided. But if they say he was not; I must then remind them of another point of Law, laid down by that Oracle of the Law in the preceding words, a Pardon granted by a King de jure, that is not also de facto is void. Now when they have first consider'd; That the Act of Oblivion was made before the King was Crown'd, I shall then leave it to themselves to determine the Case.

Doubtless upon second Thoughts which are usually the best, they will readily confess; That his present Majesty was actually King before his Coronation; and consequently, That the Oath which he then took, was not any Condition preparatory to his admittance to the Kingly Power.

[Page 42]

Coronation then is but a Ceremony, and no part of his Title: I say, it is but a Ceremony; and yet (that I may remove some impertinent Scruples against it) it is no trifling, insignificant Ceremony: For,

First, The solemn Splendor in which the King appears in that Action (the generality of People being much affected with outward Pomp) doth naturally make Impressions of awe and reverence towards his Person.

Secondly, The Oath which he then takes, may expel all jealous Fears; disposing his Subjects chearfully to submit to his future Government. For when the King (who is not responsible to them for any of his Actions) shall condescend thus publickly to promise his People, in the Presence of that God who gave him his Trust (and to whom alone he must render an Account for the management of it) That he will govern his Subjects according to Law; That he will preserve Religion from Heresy and Schism; defend their Persons from wrong and violence; secure their Estates from Fraud and Rapine: Such assurance as this, must needs enlarge their Affecti [Page 43] ons to their Prince; make their submission more hearty; their Obedience more chearful, since under his Government (if it is not their own Fault) they may rationally expect to live a quiet and peaceable Life in all Godliness and Honesty.

It appears, I hope, from these Premises (notwithstanding this or any other Objection to the contrary) That the Kings Power, in respect to it's Original, is Absolute, i.e. He received it from none but God. Neither from the Pope, nor any other Foraign Prince, much less from his own People.

But now when we speak of the Kings Authority, with respect to the Execution and Administration of it, the Case is very different. For the Kings of England, out of their abundant Grace and Favour, and to make their Government more easie and acceptable to their Subjects, have suffer'd themselves to be so limited in the Exercise of their Power; That they can neither make Laws, nor raise Taxes but in Parliament; much less can they pretend to take away the Life, or dispose of the Estate of the meanest of their Subjects but by due [Page 44] course of Law: And therefore in this second Consideration of his Authority, viz. the Execution and Administration of it; The King of England is not an Absolute but a limited Monarch.

And indeed, if these Republicans were not much more forward, to remind the King of his Duty than to discharge their own, these things did not need to be repeated. For the King hath very often most gratiously promised; That he will govern by, and according to, the Laws of the Land and not otherwise. And that he will use the Power, Trust and Office committed to him, for the good and benefit of the People, and for the preservation of their Rights and Liberties. All this is readily granted, in the very words of the Objectors.

Only this Phrase, That he will govern according to the Laws, and not otherwise for the avoiding of mistakes, must be a little explained.

There are some Men, either through Ignorance or Malice, who have fancied; because the King is obliged to govern by Law, that therefore he must always act [Page 45] according to the Letter of it: So as that it shall not be in his Power, for instance (especially when it is their Interest to restrain him) either to Pardon Capital Offenders; to Change the manner of their Death; or to mitigate the rigour of the Law on any other occasion. And, in fine, these confident Reformers (who trade in Post-scripts more than Bracton) do talk of the Kings Prerogative at such a rate; as if it were an Arbitrary, Illegal Encroachment; and are so extravagant as to fancy; That by diminishing the Kings Prerogative, they advance the Laws; and that to oppose the King, is to defend the Kingdom.

In charity therefore to these men, and to rectify their mistakes, I shall briefly lay down the nature of the Kings Prerogative: What it is? how it comes to be Establish'd? And whether, as is pretended, it be destructive to the Liberty of the Subject.

The Word [Note: ‘ Jurecons. hac voce varie utuntur: modo pro authoritate & eminentia: quedam modo pro jure quodam præcipuo, specialiseu privilegio’, Gal. Lex Jurid. verb Prærogat .] Prerogative (to omit other Significations Foreign to our purpose) doth properly denote; some special peculiar Priviledg or Preheminence, granted by Law. Hence the Kings Prerogative is very fitly [Page 46] styled by Sir H. [Note: Spelm. Gloss Prærog. verb. ] SPELMAN, Lex Regiæ Dignitatis, which in [Note: Instit. cap. 5. sect. 125 p. 90.] Sir Edw. Cooks words may be thus Translated. The Royal Prerogative legally extends to all Powers, Preheminences and Priviledges, which the Law giveth to the Crown. And Littleton, saith our Author, speaketh of the Kings Prerogative but twice in all his Books, viz. [sect]. 125 & 128. and in both places as part of the Laws of England.

From whence our new Politicians may please to observe. That the Kings Prerogative is established by Law; and his Majesty hath as good Law for his Royal Prerogatives. viz. The descent of the Crown to the next in Blood: The Power of Calling and Dissolving Parliaments: The Negative Voice: The Power of the Militia: Pardoning Offenders, &c. I say His Majesty hath as good Law for these and all other his Prerogatives, as any Subject hath for his Paternal Estate.

Whoever therefore shall presume to dispute these Priviledges of the Crown, he must not think me uncharitable whilst I tell him, He is an Enemy to the fundamental Laws of England, and a Betrayer of the Rights of the Kingdom.

[Page 47]

If the Case be thus, may some say; If these Royal Prerogatives are so sacred as not to be touch'd; it would then be a very suitable undertaking to enlarge your, &c. and to acquaint us more distinctly what they are, and where we may find them.

In answer to which Demand we are thus instructed by that Loyal Judge JENKINS, [Note: Jenk. Rediv. p. 136.] The Kings Prerogative and the Subjects Liberty are determined and bounded, and admeasured by the written Law what they are. We do not hold the King to have any more Power, neither doth his Majesty claim any other but what the Law gives him.

The right method therefore to be inform'd in this matter, is to search the written Laws, with the learned Interpretations upon them. For though these Statutes are not Constitutive of the Royal Prerogatives (All [Note: Jenk. Rediv. p. 4.] Kings had them; the said Powers have no beginning; i. e. They are so antient we cannot trace their Original) yet they are Declaratory of them.

I say, though these Priviledges of the Crown are most of them antecedent to our Acts of Parliament, and the written determined Cases of our Laws (and consequent [Page 48] ly are not primarily established by them) yet they are so often either explained, confirm'd, or otherwise there mention'd; that he who is conversant in those publick Writings must needs know what they are?

But since every one hath not the Leisure or the Ability for so laborious a Task; those therefore shall desire Compendio sapere, they may please to peruse a little Treatise called Jura Coronæ; or His Majesties Royal Rights and Prerogatives Asserted. And amongst several others there mentioned and explained, they will find this Prerogative.

That the King hath Power, in many cases, to Dispense with the Laws: And that no [Note: Jur. Coron. p. 84.] Act of Parliament can bind the King from any Prerogative, that is solely and inseparably annext to his Sacred Person and Royal Power; but that he may dispense with it by a non obstante.

The Reason of which Prerogative (which to some unthinking Men may seem extravagant) is plainly this.

All human Constitutions are liable to Defects: And there was never any Law yet framed with such Policy and Skill, which might not, on some occasion or other, be burthensome to the Subject. For particular [Page 49] Cases and Contingencies are so infinitely various, that it is impossible for human Wisdom to foresee or prevent them.

And therefore it is absolutely necessary; That there should in all Governments be some Power, Superior and Paramount to the written Laws: By whose Authority the Subject might be reliev'd and pardon'd; when the nice and strict Observance of the Law (through some unexpected Event) might be grievous to himself, or destructive to the Publick. And [Note: Bish. Sandersons Judg. of subm. to Usurp. p. 18.] this Power of dispensing with particular Laws (as the learned Bishop Sanderson informs us) is such a Prerogative, as without which no Commonwealth can be well govern'd; but Justice would be turn'd into Gall and Wormwood: Nor can the Supream Governor, without Forfeiture of that Faithfulness which he oweth to the Publick-Weal divest himself thereof.

If some Men (who are very unwilling to give the King his Due) are still dissatisfied in the point; the present posture of Affairs here in England may then fully convince them.

We all know that according to the Law High-Treason is punishable with [Page 50] Death. And the Judgment of the Court, on such occasions, is to be Hang'd, Drawn and Quarter'd. This is Law. Let me therefore ask these Men. Can the King by his Prerogative dispense with this Law, so as to free the Criminal from the Punishment (a Toto or a Tanto) or can he not? If they say not. Ipsi viderint . Let them look to that who are most deeply concern'd.

But if now at the last they are grown so considerate, as to say that he can: Give me leave then to expostulate with them, concerning that late Instance of the unfortunate Lord Stafford.

When his Majesty, out of Compassion to that Noblemans Person and respect to his Quality, had changed the manner of his Death, and given him the favour to be Beheaded: What a noise was then raised, That the Law must be observ'd? What Fears and Apprehensions of Abritary Power! What a Tumult did those scrupulous Sheriffs make on that occasion, by Petitioning the Two Houses; Whether the Kings Writ ought to be obey'd? But what Answer they receiv'd both from Lords and Commons is sufficiently known.

[Page 51]

I shall make no Reflections upon it, tho indeed the Impertinence of that Action (in which I doubt they were encourag'd by some greater than themselves) might deserve a Remark.

From these Premises it is evident, That there is Lex Coronæ, a Royal Prerogative granted by the Common Law to the Crown of England, Superior to all written Laws. By virtue of which PrerogativeLaw, the King hath Authority (on emergent occasions, and when such Dispensation may promote the ends of Government) to Dispense with most Statutes or Acts of Parliament. Salus populi suprema Lex esto; when rightly understood is a full proof of this Assertion.

As therefore on the one hand;

When Sedition is rampant, and affronts the Government; when the Mercy of a King shall be voted his weakness; and his Royal compassion and unwillingness to Punish, shall have this Gloss put upon it; He dares not do it.

As in such Case, Reason of State (which is Salus Populi) doth require; That some should be executed in terrorem; to re [Page 52] press the insolence of others; So on the other hand,

When Tumults are abated; when Faction is broken, and that Men begin to acknowledg their Mistakes, and return to their Wits: If under such inviting Circumstances as these, the King out of his Grace and Mercy, shall either Pardon a Traitor, or abate the rigour of his Sentence, who will pretend to say, that such undeserved Favour is Illegal? Or that the King, whether he pardon or punish, doth not govern, in both Instances, according to Law?

These Objectors go on.

If the King thus entrusted to keep the Laws and preserve Religion, should be guilty of a wicked Design, to subvert our Laws, and destroy our Religion, by introducing an Arbitrary, Tyrannical Government; he must then understand, that he is but an Officer of Trust.

All this is granted; If the word Trust do only refer to Almighty God, but not to the People.

The King doth chearfully acknowledg, that he is Authoriz'd and Deputed by the most High, to govern these Nations; and that he must render an Account for so [Page 53] great a Trust committed to his charge. And though the King hath many Enemies, both Spiritual and Temporal, yet his Support is this. He who gave him his Commission is able to Protect him. He hath hitherto very signally preserv'd him. And it is the constant, hearty Prayer of all Loyal Subjects; That his God, and the God of his Fathers will preserve him still. His Majesty hath indeed many Enemies (and good Princes did never want them) but in the Mercy of the most High he shall not miscarry.

But if this Trust do refer to the People, as if the Kings Power and Authority were derived to him from the People by way of Pact or Contract: Let them then explain, Who are this People, with whom he did thus Contract? When was this Bargain made? What are the Conditions? Before what Witnesses? Who must Judge of the Delinquency? VVhere are the Records of these Transactions to be perused?

If no Evidence to confirm any of these Instances; the Case is then decided by that known Maxim, Idem est non esse & non apparere. This Fundamental Contract of the Nation, is only a hard Word to amuse the [Page 54] vulgar. We know not what it is, nor where to find it.

But, it follows in the Objection.

The Parliament of England (the Representatives of the People, in whom all Power doth Originally reside) they are to take Order for the Animadversion and Punishment of such an Offending Governour. Parliaments were ordain'd to restrain the exorbitant Power of Kings and to redress the Grievances of the People.

The Sum of which charge is this.

There is a Coercive Power over the King. Which Power (Mr. SIDNEY tells us) Originally in the People of England, is delegated unto the Parliament. [Note: Sidney's Tryal. p. 24.]

To which I do thus Answer.

That though his Majesty hath a just esteem for Parliaments; and thinks the Parliament of England the happiest Constitution that ever Nation did enjoy; and hath gratiously assur'd assnr'd (sic) us; That no Irregularities of Parliaments, shall make him out of Love with Parliaments; but that he will have frequent Parliaments: Yet such an extravagant Power of Parliaments as is here pretended, is such height of Treason; as deserves a sharper Confutation than can be given it from this Treatise.

[Page 55]

As to the point of Non-Resistance (most seasonable to be enforc'd at this time) I did once design very fully to have enlarg'd upon it. To have shew'd its Obligation from all Laws Natural, Positive, Divine, Human. As also to have Answer'd the most Popular Pleas for such Resistance. But I am so happily prevented by the Learned Labours of others (particularly my Lord Bishop of VVinchester, Dr Falkner and Dr. Sherlock; who have indeed exhausted that Subject) that I shall give no further trouble; but conclude my short Discourse with this following Argument.

The Supream Power must not be resisted;

But the King of England hath Supreme Power; Therefore His Majesty cannot lawfully be resisted.

The Proposition is the voice of Nature. There can be no Order nor Government, unless this Truth be admitted. Reason tells us; Par in parem non habet potestatem, much less hath an Inferior a Coercive Power over his Superior.

To which let me observe; That even the late Rebels themselves were convinc'd in this matter. For, to vindicate their former Treasons, and to patronize their inten [Page 56] ded Murder of that Blessed Prince, they voted, Jan. 4. 1648. Resolv'd, That the People are (under God) the Original of all just Powers. That the Commons of England Assembled in Parliament, being chosen by, and representing the People, have the Supreme Power in the Nation. That whatsoever is Enacted or declared for Law by the Commons in Parliament hath the Force of a Law, and the People concluded thereby, though consent of King and Peers be not had thereunto.

Plainly insinuating, That whilst the Subjects of England, according to their Duty, did acknowledg the Supreme Power to be in the King, they must needs apprehend, That the War was Rebellion; and his pretended Judges were Traitors.

And as to the Assumption, viz.

That the King of England hath Supreme Power; this, I hope, hath been so fully prov'd in this little Treatise, that I might suppose the Conclusion without any further Enlargement.

But because some late Seditious Pamphlets have very impertinently advanc'd the Power of Parliaments; I shall, ex abundanti, thus undeniably convince them, That the Parliament of England is Subject to the King.

[Page 57]

Mr. SIDNEY Informs us, ‘That the Right and Power of Magistrates in every Country, is that which the Laws of that Country make it to be.’ [Note: Sidney's Paper p. 2.] If therefore it do appear by the Laws and Statutes of the Kingdom, That the Parliament of England is Subject to the King, then the Controversy is at an End.

For Proof of this, they are desired to Consult, 12 Car. 2. c. 30. Where the Lords and Commons thus Petitioned to his Majesty.

‘We your Majesties said Dutiful and Loyal Subjects, the Lords and Commons in Parliament Assembled, do beseech your most Excellent Majesty that it may be Declared; That by the undoubted and fundamental Laws of this Kingdom, neither the Peers of this Realm, nor the Commons, nor both together in Parliament, nor the People Collectively or Representatively, nor any other Persons whatsoever ever had, have, hath or ought to have any Coercive Power over the Persons of the Kings of this Realm.’

Words so plain and undeniably evident that they are not capable of any further Explication.

Only it will be pertinent to observe Two Things.

[Page 58]

First, the Lords and Commons do not here petition, that it may be Enacted, but that it may be Declared; intimating that the Kings Supremacy was not first establish'd in this Statute (as if before the making of this Act, the Parliament had been Superior to the King) but is here only Declared to have been Establish'd by the undoubted Fundamental Laws of this Kingdom, i.e. by such Laws as are the Foundation of the Government. Whoever therefore shall Affirm, That the Parliament hath a Coercive Power over the Person of the King, he alters the Foundation and destroys the Government.

Secondly, I do from this Statute observe, That their famous Axiom, major singulis, minor universis, will no longer support their Cause, it being plain from this Act; That the King is major universis as well as singulis.

When our Republican Clubs, who talk so much of Law, shall have answer'd this Statute; they may then expect to hear further from me.

In th' interim, I shall recommend a Text, to be held forth in all their Conventicles, the [Page 59] next time of their meeting.

Prov. 24.21,22. ‘My Son, fear thou the Lord and the King, and meddle not with them that are given to change.’

‘For their Calamity shall rise suddainly, and who knoweth the ruin of them both?’

From whence may be raised these good Observations, viz.
Honesty is the best Policy,
and
Loyalty the best Religion.

FINIS. [Page [i]] [Page [ii]]

Table of contents

• ERRATA,

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

THE Heads propos'd to be insisted upon in the following Sheets, are, The Legality of the Scots Establishment: The Advantage or Disadvantage that may redound from it to England: Whether the Scots without the Assistance of the English may be able to maintain their footing in America; and what may probably be the Consequences if the Scots should be oppos'd therein by the English, and miscarry in the Undertaking.

The chief Objections against the Legality of their Establishment, arise from the Memorial delivered in against it to the King, by the Ambassador Extraordinary of Spain, May 3. 1699. O.S. as follows:

[Page 2]

"THE Under-Subscriber, Ambassador Extraordinary from his Catholick Majesty, finds himself oblig'd by express Orders, to represent to your Majesty, that the King his Master having receiv'd Information from different places, and last of all from the Governor of Havana, of the Insult and Attempt of some Scots Ships, equip'd with Men and other things requisit, who design to settle themselves in his Majesty's Soveraign Demains in America, and particularly the Province of Darien. His Majesty receiv'd those Advices with very much discontent, and looks upon the same as a Token of small Friendship, and as a Rupture of the Alliance betwixt the two Crowns (which his Majesty hath observed hitherto, and always observes very religiously, and from which so many Advantages and Profits have resulted both to your Majesty and your Subjects) as a Consequence of which good Correspondence, his Majesty did not expect such sudden Insults and Attempts by your Majesty's Subjects, and that too in a time of Peace, without pretext (or any cause) in the very Heart of his Demains.

All that the King desires, is, That this may be represented to your Majesty, and that your Majesty may be acquainted, that he is very sensible of such Hostilities and unjust Procedures, against which his Majesty will take such Measures as he thinks convenient. Given at London, May 13/3. 1699.

[Page 3]

It were easy to make proper Remarks upon the Weakness, Insolence and Ingratitude of this Memorial, but it is not worth while; all the World knows what the Crown of Spain ows to his Majesty of Great Britain; and therefore a more civil Application might reasonably have been expected to a Prince who hath not only sav'd the Netherlands, but prevented his Catholick Majesty from being insulted on his Throne at Madrid. But these things we pass over, and come to the chief Point in the Memorial, which is, That the Scots have posted themselves in the King of Spain's Demains in America, contrary to the Alliance betwixt the two Crowns. If this be prov'd to be false, then the Cause of the Complaint ceases, and his Majesty of Great Britain hath reason to demand Satisfaction for the Affront offered thereby to his Justice and Soveraignty.

To prove the Falshood of the Allegation, That the Province of Darien is part of the King of Spain's Demains: It is positively denied by the Scots, who challenge the Spaniards to prove their Right to the said Province, either by Inheritance, Marriage, Donation, Purchase, Reversion, Surrender, Possession or Conquest; which being the only Titles by which they or any other People can claim a Right to those or any other Dominions, if the Spaniards cannot make out their Right by those or any of those, their claim must of consequence be null and void.

[Page 4]

It is evident that the Spaniards cannot pretend a Title to that Country by Inheritance, Marriage, or the Donation of Prince and People; and as to Conquest it would be ridiculous to alledg it, since the Dariens are in actual possession of their Liberty, and were never subdued, nor receiv'd any Spanish Governor or Garison amongst them. Nay, they were so far from it, that Wafer, Dampier, and others that have wrote of that Country, do all agree that they mortally hate the Spaniards, were in War with them, and that the Spaniards had no Commerce with those Indians, nor command over them in all the North side of the Isthmus a little beyond Porto Bello. ^*

Capt. Sharp in the Journal of his Expedition, published in Capt. Hacke's Collection of Voyages, gives an account, that in 1680 he landed at Golden Island with 330 Men, and being join'd by one of the Darien Princes, whom they call'd Emperor, and another to whom they gave the Title of King Golden-Cap, with some hundreds of their Men, took Sancta Maria, attempted Panama, and made prize of several Spanish Ships; which is the more remarkable, because Capt. Sharp was afterwards tried in England for Robbery and Piracy on this very account, but acquitted because of his Commission from those Darien Princes: which is a plain Demonstration that the Government of Eng [Page 5] land did then look upon Darien to be no way subject to Spain, whatever some who are Enemies to the Scots, do now say against the Legality of their Settlement in that Country. This same Expedition against the Spaniards by the assistance of the Darien Indians, is confirm'd by Mr. Dampier in his Introduction to his New Voyage round the World. And the Bp of Chiapa, a Prelate of their own, in his Relation of the Spanish Voyages and Cruelties in the West-Indies, p. 217. owns ‘"that the Spaniards had not Title to the Americans, as their Subjects, by right of Inheritance, Purchase, or Conquest.’

We have likewise a large Account, and a full Confirmation of the War and perpetual Enmity betwixt the Dariens and Spaniards in the History of the Buccaneers of America, Vol. 2. Part 4. wrote by Basil Ringrose, who was one of their Company. There he informs us that the Indians of Darien, and the Spaniards, are commonly at War with one another; and that the Buccaneers were invited into that Country, and join'd by the Darien Princes, Capt. Andreas, Capt. Antonio, and the King of Darien, who assisted them in the taking of Sancta Maria, and their attempt upon Panama; and the King whose Daughter the Spaniards had stole away, promised to join the Buccaneers with 50000 Men. This is the more remarkable, because those very Princes or their Successors are now in League with the Scots, and have joyfully receiv'd them into their [Page 6] Country. So that it is the strangest Imposition that can be put upon any Nation, and one of the most audacious affronts that ever was put upon so Great a Prince as K. William, for the Spaniards to pretend a Right to Darien, and accuse him of a Breach of the Peace, because a Colony of his Subjects have settled themselves there; when it is so well known to the World that the Crown of Spain has no manner of Title to that Province.

Then as to any claim by virtue of Possession, the Spaniards have not the least ground of Plea: All they can alledg on this Head is, that they were once admitted by the consent of Capt. Diego, another of the Darien Princes, to work on some Golden Mines within 15 Leagues, or thereabouts, of the Scots Settlement. But it is plain that this makes nothing for their purpose. That Prince admitted them only as Labourers, but not as Proprietors; and when they broke the Conditions on which they were admitted, viz. to allow the Dariens such and such Shares of the Product, they were expell'd again by force; and ever since that time the Dariens refuse to have any further dealings with the Spaniards, who made themselves odious to them by their Treachery and Insolence: So that Mr. Wafer tells us pag. 133. they allow a distinguishing Mark of Honour to him who has kill'd a Spaniard: and pag. 179. that Lacenta, one of the chief of the Darien Princes, did in his converse with him, express his Sense [Page 7] and Resentment of the havock made by the Spaniards in the West of America, at their first coming thither.

It remains then that the Spaniards can lay no other claim to Darien but what they plead from the Pope's general Grant of America, its being bounded by their Dominions, and the Treaties with England, which shall be consider'd in their order.

To urge the Pope's Grant amongst Protestants is ridiculous, and amongst Papists themselves but precarious: but admitting it were sufficient to justify their Title, it is easy to prove that the Spaniards have forfeited all the Right that they can claim by virtue of that Grant.

The Church of Rome will not publickly own her power to grant a Right of Conquest, but in order to propagate the Faith, and not that neither, except the Infidel Prince or People be guilty of a Breach of Treaty. So that the Pope's Grant with those Restrictions is so far from establishing the Title of the Spaniards, that it plainly overthrows it.

That the Indians were committed to the Spaniards by Pope Alexander VI. on condition that they should teach them the Christian Religion, is prov'd by Don Bartholomew de las Casas Bishop of Chiapa, in his Account of the first Voyages and Discoveries made by the Spaniards in America, and the Relation of their unparallel'd Cruelties, p. 195. and there he likewise owns, ‘"that by their acquitting themselves so ill of [Page 8] that Commission, they ought to make restitution of all they have taken from them under this pretext.’ And pag. 200. he charges them with breach of the Terms prescrib'd by the Apostolical Brief, tho Queen Isabella, to whom it was granted, earnestly intreated them in her last Will to keep exactly to it. P. 21. he says that the Title of the King of Spain to the Indians, is founded only on the obligation he had taken upon himself to instruct them in the true Faith, as appears by the Apostolick Brief: which they were so far from performing, that instead of converting their Souls, they destroyed their Bodies; having in those early days, viz. in the time of the Emperor Charles V. murder'd above 40 Millions of them; and took so little care to instruct them in the Christian Religion, that they perfectly obstructed their Conversion, and sold those very Idols that some of the poor People had thrown away with abhorrence, to others of the Indians; ibid. p. 14. which, together with their other horrid Impieties, created an aversion in those poor Infidels for Heaven it self; according to the known Story of Hathwey an Indian Prince, ibid. p. 21 ‘"who being fasten'd to a Stake by the Spaniards in order to be burnt, for no other Crime but indeavouring to defend himself and his Subjects against their Cruelties, ask'd a Friar that was discoursing to him of Heaven, promising him eternal Happiness there if he would believe, and threatning [Page 9] him with Hell if he did not, whether Heaven was open to the Spaniards; and being answer'd that it was to such of them as were good, replied immediatly that he would not go thither for fear of meeting such cruel and wicked Company as they were, but would much rather chuse to go to Hell, where he might be deliver'd from the troublesom sight of such kind of People.’ So that their forfeiture of all Right or Title to Darien by the Pope's Grant, if it were of any validity, is plainly demonstrated.

Their next Plea is, that Darien is bounded or inclosed by their Dominions, viz. by Portobello and Carthagena, with their Territories on the North, and Panama and Sancta Maria on the South. To this it is answered, that Darien is bounded only by the Sea on both sides, without so much as a Spanish Fort or Garison, from Nombre de Dios to the Gulf of Darien on the North Sea, or from the River of Chepo to the River of Congo on the South Sea. The Territories of the Spaniards confining on both ends of the Isthmus are not unlimited, but are restricted on both sides by the Dariens, who, as has been already said, were never subject to Spain. Nor is it any new thing in the World for independent Soveraigntys to lie inclos'd within the Dominions of other Princes; to instance in no more than Orange and Avignon in Europe; Ceuta, Metilla, &c. possessed by the Spaniards themselves in Africk, which lie in the very bo [Page 10] som of Morocco, and yet the Spaniards don't think their Title to them e're a whit the worse. The Dutch and Portugueze have both of them Settlements on the Coast of Brasil, to which the Spaniards pretend a Right. The French have Settlements in Hispaniola and Guiana, notwithstanding the Neighborhood of the Spaniards. The English and French have both of 'em Plantations in Newfound-land. The Dutch in time of Peace settled on Long Island in the middle of the English Plantations, yet no War ensued upon it. The English possessed themselves of Bahama Islands, tho the Spanish Fleet passed betwixt them and Florida: and the English have several times settled at Port-Royal in Campechy Bay, to cut Logwood, &c. and remov'd and settled as they found convenient. K. Charles II. in time of Peace granted a Patent to Dr. Cox to settle a Colony in the Bay of Mexico, which was never question'd by the Spaniards: and the French have now since the Conclusion of the last Peace, planted a Colony on the River Mississipi in that same Bay, against which we hear of no Complaints from Madrid. So that the Plea of the Spaniards from this Topick is perfectly overturn'd by Common Practice, the Law of Nations, and their own Concessions in parallel Cases.

The Next Plea of the Spaniards is from the Treatys betwixt them and the Crown of Great Britain, of which they alledg the Settlement of the Scots at Darien to be a Breach: But that [Page 11] there's no ground for this Allegation, will appear to those that peruse the said Treatys, viz. that of May 23. 1667. and that of July 1670. wherin there's not the least mention of excluding either Party from enlarging their Dominions in America, upon Wastes, or by consent of the Natives, in such places as have never yet been possest by Spain or Great Britain. So that all that can be infer'd from those Treatys is, that they were a mutual Security for the peaceable possession of what each Crown enjoy'd in that Country, and no more; which is sufficiently confirm'd by the Patent granted to Dr. Cox, and the settling and removing of the English in Campechy Bay, &c. without Controul, as before mention'd.

Having thus made it evident that the Spaniards have no manner of Title or Right to Darien, it is natural in the next place to shew that they themselves are guilty of the Breach of Treaty by proceeding in this Affair as they have done.

By the third Article of the Treaty between the Crowns of Great Britain and Spain, concluded at Madrid May 13/23. 1667. it is provided, ‘That if any Injury shall be done by either of the said Kings, or by the People or Subjects of either of them, to the People or Subjects of the other, against the Articles of that Alliance, or against common Right, there shall not therefore be given Letters of Reprisal, Marque or Countermarque, by any of the Confederates, until such time as [Page 12] Justice is follow'd in the ordinary Course of Law.’ Yet the Spaniards without any such Procedure, or offering in the least to prove their Title to Darien, present a virulent and huffing Memorial, at the very first charging the King with want of Friendship, and a breach of Alliance, and threatning to take such measures as they shall think meet: when their sickly Monarchy has not yet had time to breath, since rescu'd from the common Danger wherein Europe was involv'd, by the Arms of that very Prince whom they treat so ungratefully.

But this is not all; for contrary to the express Words of that same Treaty, they attack the Scots by Sea and Land, who had done them no Injury, but acquainted them that they came thither peaceably, without any hostile design against them or any other People; and were so generous as to reject the Motion of Capt. Andreas, one of the Darien Princes, and their Ally, when he offer'd to make them Masters of Panama, if they would but join him with 500 of their Men.

The Spaniards have also, contrary to the 10th and 11th Articles of the Treaty concluded at Madrid, July 8/18 1670. concerning America, detain'd the Scots and English Prisoners who were forc'd ashoar at Carthagena by Shipwrack, tho all such Practices be expressly provided against by the said Articles: and they have also violated the 14th Article of that Treaty which forbids Reprisals, except in case of denying or un [Page 13] reasonably delaying Justice. From all which it is evident that the King of Great Britain has just reason to demand Satisfaction of the Spaniards for attacking his Subjects contrary to Treaty; and that the Scots being thus injuriously treated, may very lawfully, not only make Reprisals upon the Spaniards for themselves, but join with the King of Darien in taking Sancta Maria, Panama, or any other place belonging to the Spaniards in that Country, of which the Dariens are Natural Lords, and the Spaniards Tyrannical Usurpers, as is pleaded by the King of Darien himself; and therefore he invited the English Buccaneers to assist him to retake it: and by this Capt. Sawkins justified his Proceedings in a Letter to the Governour of Panama, asserting that the King of Darien was true Lord of Panama, and all the Country thereabouts; and that they came to assist him. History of Buccaneers, Vol. 2. part 4. p. 32. And we have mentioned before that Capt. Sharp, who was accused of Piracy, for that same Expedition, and succeeded Sawkins in his Command, was acquitted in England, because he had that Prince's Commission.

Having fully prov'd that the Spaniards have no Title to Darien, it remains to be prov'd that the Scots have as good and just a Title to their Settlement there, as any People in the World can have; which may easily be demonstrated thus:

[Page 14]

They were authorized by an Act of Parliament, and the King's Letters Patent, to plant Colonies in Asia, Africa, or America, upon Places not inhabited, or any other Place, by consent of the Natives, not possest by any European Prince or State. Being provided with this Authority, than which there cannot be a Greater, or one more duly and honestly limited, they equipp'd their Ships, and landed on the North side of the Isthmus of Darien in November 1698. where the Spaniards, as has been fully prov'd, never had any Possession, and no other European Prince or State pretends any Claim to it. Being arriv'd there, they fairly obtain'd the consent of the Princes and People of the Country, and particularly of Capt. Andreas, who is the chief man in that Tract; and after a solemn Treaty and Alliance deliberatly made, and wrote in Spanish, because the said Prince understands that Language, they peaceably enter upon their new Colony, without either Force or Fraud. So that they have religiously kept to the Conditions of the Act and Patent, which is a plain demonstration that they have a just and legal Title to their Settlement, and a Right to the Protection of the Government, against the Attempts of the Spaniards, or any other People whatsoever.

The next Topick to be insisted upon, is the Advantage or Disadvantage that may redound to England from this Settlement. We shall begin [Page 15] with the Disadvantage which consists in the supposed Damage it may do to the Trade of England, and that it may, as is pretended, occasion a Rupture betwixt them and Spain. To this we may easily reply, that being a distinct and independent Nation, we are not oblig'd to consult their Interest, any further than they consult ours; and that we have as much reason to maintain this Colony, because of the Advantage it may bring to our selves, as they have to oppose it, because of the Disadvantages that they fancy may arise from thence to England. But withal we deny that it can be any damage to their Trade, which from that part of the World consists chiefly in Sugar and Tobacco, neither of which are yet to be found in New Caledonia. But that which we look upon to be a compleat Answer to the Objection is this, That they may be Sharers with us in the Settlement if they please, and by consequence Partners in the Profits and Trade, and lay it under such Regulations as may prevent its endamaging the Commerce of England.

And whereas it is further objected, That by the great Immunities and freedom from Customs granted to the Scots Company for so many years, we shall be able to undersel the English Company, forestal their Markets, and lessen his Majesty's Customs; we answer, that this Objection is in a great measure obviated, since we do not now pretend to set up an East-India Trade; but admitting it were true, it will be [Page 16] to the general Advantage of the English Nation, since the Buyers are always more than the Sellers. It must certainly be better for the Kingdom in general, that every one who has occasion for Muslin or Indian Silks, &c. should save so many Shillings per Yard or Piece in their pockets, than that some two or three Merchants should once in an Age get Mony enough to make a Daughter or two a Countess or Dutchess. Nor can it be denied but it's better for England, that Housekeepers in general should save that Mony to buy Provisions for their Families, which consumes our own Product, than that a dozen of Merchants should be enabled by the extravagant Prices of those Commodities to keep their Coaches. Add to this, that the English if they please by joining with the Scots may have an equal Share of all those Immunities; and if there should be for some time a lessening of the King's Customs, of which there is at present no manner of prospect, it will be sufficiently made up in time to come by a large addition, if that Colony prospers; so that the King's Bounty in that respect is but like the bestowing of charge to improve barren or waste Ground, which will return with treble Interest to him or his Heirs.

There's another Objection made against the Scots Company, that by their Constitution such Ships as belong to them must break Bulk no where but in Scotland, which will diminish the number of English Ships and Seamen, and [Page 17] make Scotland the only Free Port of all those Commodities. To which it's replied, That tho our own Ships are obliged to break Bulk no where but at home, they don't lay the same Obligation upon others, but, allowing them a free Trade to Darien, they may carry their Goods where they please; or upon fair Proposals, there's no doubt but the Parliament of Scotland will give the English all possible Liberty as to that matter.

Then as to the hazard of a Rupture with Spain, we reply, That the Spaniards are in no condition to break with England, when they are not able to maintain themselves against the Insults of the French by Sea and Land: and the only way to secure them in the British Interest is to have a powerful Colony in Darien, which lying in the very Centre of their American Dominions, and within reach of their Silver and Gold Mines, will be an effectual Curb upon them, and not only prevent their own Hostilities, but their joining at any time with our Enemies; or if they do, being Masters of their Money, we shall speedily cut the sinews of their War.

In the next place we urge that it wil be very much for the Interest and Advantage of England to incourage and support us in this Settlement.

• 1. Because by this means the Scots will increase their Shipping, and come in time to have a Naval Force, capable of assisting the English [Page 18] in the common defence of the Island, in maintaining the Soveraignty of the Seas, and convoying their Merchantmen in time of War; the necessity of which is obvious enough, since they and the Dutch both have scarce been able to secure their Trade, maintain the Dominion of the Seas, and defend themselves from the Invasions of the French during the last War. Nor can the English always promise to themselves the Amity of the Dutch, who are their Rivals in Trade, and differ far enough from them both in Temper and Interest, there's nothing to cement them but the Life of our present Soveraign: Whereas the Scots being united with the English under the same Government, and inhabiting the same Island, must of necessity have the same Interest as to Trade, and to defend the Country against all Foreign Invaders, as they constantly did in former times, against Romans, Danes, Saxons, and Normans, notwithstanding their living then under a separate Prince, and their frequent Wars with England. Nor is that brave resistance which a few of them made to the Dutch at Chattam to be forgotten, which did in a great measure repair the Honour of England, and make amends for the Ignominy and Disgrace which that Attempt put upon the English Nation.
• 2. As Scotland increases in Shipping, they will increase in Wealth, and by consequence be able to bear a greater share of the Burden of any Foreign War, which will save Men [Page 19] and Mony to England, and lighten their Taxes.
• 3. The Success of the Scots in their American Colony, will be an additional Strength to the English Plantations in the West Indies, as well as an Advancement of their Trade, by consuming their Product, and giving them theirs in exchange.
• 4. The Success of the Scots at Darien will be of great advantage to England; for the more Mony the Scots acquire by their Trade, the more they will spend in England, which being the Seat of the Government, must frequently be visited by their Nobility and Gentry, who generally furnish themselves in England with their best Apparel, Household-furniture, Coaches and Horses, &c. besides the Mony that the young Noblemen and Gentlemen spend in their Passage through that Nation, when they go ano come from their Travels. These things occasion their laying out vast Sums of Mony annually in the City of London, which being the Seat of the Government, will as certainly draw Mony from Scotland, as the Sun draws Vapours after it.
• 5. The Success of the Scots in their foreign Plantation, will not only ease England of great numbers of their Pedlars, so frequently complain'd of in Parliament by Country Corporations and Shopkeepers, but it will occasion the return home, and prevent the going out of vast numbers of their Youth, who follow the same [Page 20] sort of Imployment, or betake themselves to the Sword in Denmark, Sweden, Poland, Muscovy, Germany, Holland and France; by which means the Government of Great Britain may furnish their Fleets and Armies at a much cheaper and easier rate than formerly, and with as good Mariners and Soldiers as any in the World.
• 6. The English by joining with the Scots and supporting their Colony at Darien, may have their Plate brought home in their own Bottoms, and from their own Mines, with which we are assured that Country abounds, without being obliged to touch at Cadiz or any foreign Port, being liable to the vexatious Indultos of foreign Princes, or in such hazard of being intercepted as they many times were during the late War.
• 7. The English may by joining with the Scots render themselves more capable than ever of keeping the Ballance of Europe in their hands; a Trust which Nature and Providence seems to have assign'd 'em, since their Situation and Naval Force not only makes it proper for them, but they have had an opportunity put into their hands in little above the Revolution of one Century, of twice breaking the Chains of Europe when threatned with Slavery; first by the Spaniards, and then by the French. This is so much the more evident, that by being possess'd of Darien they will be able either to prevent the uniting the Spanish and French Monarchies; or if not so, to render that Union so much the less dangerous, when it will be in their power to seize [Page 21] their Treasure and Dominions in the Indies, without which that bulky Monarchy must fall by its own weight. This is likewise of so much the greater importance, that it may very probably either prevent a religious War, towards which the Papists discover so much inclination, or at least bring it to a speedier Conslusion: for we have as good reason to look upon the Spanish Mines in the West-Indies to be Antichrist's Pouch, by which he maintains his War against the Church, as the old Taborites had to call the Silver Mines in Bohemia by that Name. It is certainly the surest Method of destroying Antichrist, to seize his Purse; for if he once be depriv'd of Judas's Bag, he will quickly drop St. Peter's Keys. It's by the Charms of her Gold that the Babylonish Whore hath made the whole World to wonder after her, and the Kings of the Earth to be drunk with the Cup of her Fornication.
• 8. By this means the English may be better able to prevent the ruin of their Trade in the Mediterranean and West-Indies, if the French should possess themselves of the Kingdom of Spain: and they will likewise be the better able to prevent their possessing themselves of the Netherlands; which if once they should do, and get Ports there capable of holding a Fleet, they would also ruin their Eastland Trade, and put a period to the Liberties of Great Britain.
• 9. It will effectually unite the Scots to England by an inseparable Tie, if the English join [Page 22] us in this Undertaking: Their Ancestors would have gladly purchased this Union at a much dearer rate, but were always outbid by France: and the want of that Union made the English not only an easy Prey to their successive Conquerors, but lost them all the large Provinces that they enjoy'd beyond Sea, which were their natural Barriers, gave them a free Access to the Continent, and made the English Name so glorious in the days of their Ancestors.
• 10. It will be of general advantage to the Protestant Interest, and contribute to the advancement of pure Christianity, without any of the Romish Sophistications: which certainly ought to weigh much with all true Protestants; and so much the more, that the Pope and the Conclave or Rome have espoused the Quarrel of the Spaniards in this Affair as a Cause of Religion. Doubtless the poor Americans will be more inclinable to imbrace Christianity, when they find the difference of the Morals and Doctrine betwixt Protestants and Papists, and see that the former treat them with Humanity, and seek their Welfare both in Body and Soul; whereas the Spaniards have render'd themselves, and the Religion they profess, odious, by the inhuman Cruelties and brutish Lusts which they have exercis'd upon so many Millions of the Natives. This is so far from being a Calumny, that an unexceptionable Author of their own, Don Bartholomew de las Casas Bishop of Chiapa, formerly mention'd, who was an Eye [Page 23] witness of their Cruelties, gives an account that they had in his time destroyed above 40 Millions of the poor Indians; tho they receiv'd them with the greatest kindness imaginable, were ready to do 'em all the friendly Offices that one man could desire of another, and testified their great Inclination to have embrac'd the Christian Religion. But the Spaniards aim'd at the Destruction, and not at the Conversion of the Indians; and are avowedly charg'd with it by the said Bishop, who in many places of his Book declares, that after they had sent for the Chiefs of the Countries to meet them in an amicable manner, which the poor harmless Creatures did without suspicion of any Fraud, these merciless Tyrants murder'd them by wholesale, on purpose to make themselves terrible to them. This was a Practice so inconsistent with Humanity, that all the People of the World ought to have resented it; as having much more reason to declare the Spaniards to be Enemies to Mankind, than ever the Roman Senat had to declare Nero to be such.

But this sort of Treatment, compar'd with what they made others to suffer, may well be call'd Mercy: for tho it was Death, the Indians were hereby quickly deliver'd from their Misery; whereas they put multitudes of others to lingring Deaths, that they might fell themselves die gradually: and yet this is not so intolerable neither as the Condition of those poor People that had the misfortune to survive that [Page 24] Cruelty; for the whole time of their Lives under that miserable Servitude, is but Death prolong'd, or making his attacks upon 'em by intolerable Labor, and continual Hunger, the most insupportable of all Plagues; those poor Creatures that toil in the Mines, and are imploy'd in Pearl-fishing. &c. having no more Sustenance allow'd them, and that too of the coarsest sort, than is just enough to keep Soul and Body together, in order to prolong their Misery. Then let any man, who has but the least remains of Humanity left him, judg whether the Scots could be criminal, if they should have actually landed upon a Spanish Settlement, and have seiz'd the same, in order to deliver their Brethren the Sons of Adam, from such hellish Servitude and Oppression as the above mention'd Bishop describes; and if no man that has any bowels of Compassion within him can say they could, what shadow of reason is there to blame the Scots for erecting a Colony where the Spaniards never had any footing?

The next Thing to be consider'd is, whether the Scots without the assistance of England, may probably maintain their footing there, which there's no doubt may very well be determin'd in the affirmative.

• 1. Because the whole Kingdom of Scotland being more zealous for it, and unanimous in it than they have been in any other thing for forty or fifty years past, it is not to be doubted, [Page 25] but they will use their utmost Efforts to support themselves in it by their own Strength; or if that will not do, by making Alliances with other Nations that are able to assist them with a Naval Force.
• 2. If they meet with no other Opposition but what the Spaniards are able to make to them, it will be easy for the Nobility, and Gentry, and Royal Burroughs of Scotland, to raise Money upon their Lands, &c. to increase their Stock for the American Trade, and buy Ships of Force to protect it: Nay, without that it's but giving Commission to the Buccaneers to become an over-match for the Spaniards.
• 3. Supposing the French should offer to join with the Spaniards, and assist them to drive the Scots from Darien, as some say they have already proffered; we are not to imagine that the Spaniards will accept their Proffers in this case, when they refused them as to the driving the Moors from before Ceuta. The Reasons are obvious: They declin'd the accepting their Proffers as to Ceuta, because they would not thereby give the French an opportunity of possessing themselves of any of their Towns in Africa, as it is but too common for foreign Auxiliarys to do in such cases. Then certainly they have much greater reason to refuse their Proffers as to Darien, America being of infinitly more value to them than some African Towns: and if once the French should get footing there, it would be in vain for the Spanish Grandees any [Page 26] further to dispute the Succession of France to their Crown; for they would immediately seize upon their Mines and Trasures in the West Indies, without which the Spanish Monarchy is not able to support it self.

Or supposing the King of Spain should live for many years, and by consequence keep the French out of possession; yet having once got footing at Darien, which they will certainly do, if the Scots be expell'd by their assistance, the Spaniards will quickly be convinc'd to their Cost, that they are more dangerous Neighbours than the Scots; not only because of their greater Power to do them more mischief, but because of their incroaching Temper, which all Europe is sensible of; and being of the same Religion with the Spaniards, and having of late years set up for the Champions of Popery, they will by the Influence of the Clergy, bring all the Spanish Settlements of America to a dependence upon them, and a love for them as the great Protectors of the Catholick Faith; which will at once destroy the Interest of Spain in America.

This will appear to be no vain Speculation, to those that consider the Temper of the Popish Clergy, and the Insolence of the Spanish Inquisitors, who so daringly reflected upon the late Alliance of Spain with Protestant Princes and States, tho absolutely necessary to preserve that Nation from being swallowed up by France.

Whereas the Scots being zealous Protestants, [Page 27] and for that very reason hateful to the Popish Clergy and Laity, they are under a moral Impossibility of having so much Influence to withdraw the American Settlements from the Obedience of Spain: and besides, being under an obligation by the principles of their Religion, and their fundamental Constitution, not to invade the Property of another, the Spaniards have no cause to fear any thing from them, provided they forbear Hostilities on their part; but on the contrary may find them true and faithful Allies, and useful to assist them in the defence of their Country, if attack'd by the French as in the late War: it being the interest of the Scots as well as of the Spaniards, to prevent the accession of the Crown of Spain to that of France.

These things, together with the known Endeavours of the French to procure an Interest amongst the Natives of that Country, and especially with Don Pedro and Corbet, in order to a Settlement, make it evident enough that it is the Interest of Spain the Scots should rather have it than the French, who have already been tampering with the Spaniards as well as with the Indians, and doubt not to have a large share of America whenever the King of Spain dies.

But admitting that the Spaniards should so far mistake their Interest, as to accept of the Proffers of the French to expel the Scots, it is not impossible for the latter to find other Allies than the English to assist them with a naval Force to maintain their Possession.

[Page 28]

The Dutch are known to be a People that seldom or never mistake their Interest: They are sensible how useful the Alliance of Scotland may be to them, both in regard of their Liberty to fish in our Seas without controul, and of being a Curb upon England, in case the old Roman Maxim of ‘ delenda est Carthago ’, should come any more to be applied by the English to that Republick, as in the Reign of K. Charles II. They are likewise sensible of the advantage it would be to their Trade to be Partners with the Scots at Darien; and how effectual it may be to disable the French to pursue their Claim to Spain, and by consequence to revive the old Title of that Crown upon their own seven, as well as to swallow up the other ten Provinces. These things, together with a long continu'd Amity and Trade betwixt Scotland and Holland, and their Union in Religion and Ecclesiastical Discipline, are sufficient to evince that the Dutch would become our Partners in America with little Courtship. That they are able to assist us in that case with a Naval Force sufficient, is beyond contradiction; and that they would soon be convinc'd it is their Interest to do it, to prevent that monstrous Increase of the French Monarchy, is obvious enough from the part they acted in the late War.

But admitting that none of those Considerations should prevail with the Dutch, and that they should likewise abandon us; it is not impossible for us to obtain an Alliance and Naval [Page 29] Force from the Northern Crowns: It's well enough known that those Kingdoms abound with Men and Shipping, and that they would be glad with all their hearts to make an Exchange of these for the Gold and Silver of America, which they might easily carry from Town to Town, and from Market to Market, without the trouble of a Wheel-barrow, as they are now obliged to do with their Copper. From all which it is evident enough that it is not impossible for the Scots to maintain themselves in Darien without the Assistance of England.

The next thing to be discours'd of is, what the consequences may probably be, if the English should oppose us in this Settlement.

We could heartily wish there had never been any ground for this suggestion, and that the Opposition we have met with from England had been less National than that which we had from both their Houses of Parliament, after the passing an Act for an African Company, &c. in ours: and it were to be wish'd that so many of the English had not given us such proofs of an alienated mind and aversion to our Welfare, as they have done since by their Resident at Hamborough, and their late Proclamations in their West India Plantations: and we could have wish'd above all that his Majesty of England had not in the least concurr'd, or giv'n his Countenance to that Opposition; for as King of Scots it is plain he could not do it: he hath con [Page 30] firm'd what we have done by the Touch of his Scepter, which no private Order or Instructions can revoke. And we could wish that his English Counsellors, who put him upon those things, would remember that Strafford and Laud lost their heads for giving K. Charles I. that fatal Advice of oppressing and opposing the Scots.

We did verily think that the suffering of our Crown to be united with that of England in the Person of K. James their First, and our Sixth; our seasonable coming to the rescue of their expiring Liberties in the Reign of K. Charles I. our being so instrumental to rescue them from Anarchy and Confusion, by the Restoration of K. Charles II. and above all, our generous and frank Concurrence with them in the late happy Revolution, and Advancement of K. William III. We did verily think that all these things deserv'd a better Treatment; and to evince that they did, we shall beg leave to insist a little upon the first and last.

The English have no cause to think that we were ignorant of the Reason why their politick Henry VII. chose rather to match his eldest Daughter with the King of Scots, than with the King of France, because he foresaw that if the King of Scots should by that means come to the Crown of England, he would remove the Seat of his Government thither, which would add to the Grandeur and Riches of England: Whereas if the King of France did by that means fall Heir to the English Crown, he [Page 31] would certainly draw the Court of England to Paris. This the Scots were so far from being ignorant of, that many of the Nobility and Gentry did express their dislike of the Union of the Crowns, as well knowing that it would reduce our Kingdom into a Subjection and Dependance upon England, and drain us of what Substance we had; and therefore some of them express'd themselves on that occasion, that Scotland was never conquer'd till then: yet such was our Zeal for the common Welfare of the Island, the Interest of the Protestant Religion, and of Europe in general, which were then almost in as much danger by Spain, as they have been since by France, that we quietly and freely parted with our King, and suffer'd him to accept the English Crown, rather than that Nation should be involv'd in War and Confusion, and the Protestant Religion indanger'd by another Successor, as it must necessarily have bin, had the Infanta of Spain, whose Title was then promoted by the Popish Interest, succeeded. And all the reward we had for this Condescension and Kindness, was a contemptuous and disdainful refusal, on the part of England, of an Union of the Nations when proposed, tho the same would visibly have tended to the benefit of the whole Island, the general advantage of Europe, and the security and increase of the Protestant Interest. And our King was so little thankful on his part, that tho he promis'd solemnly in the Great Church of Edinburgh before his de [Page 32] parture, that he would visit his Antient Kingdom once in three years, he never saw it after but once, and that not till 14 years after. And by the influence of that same Faction in England, who are still our enemies, he made Innovations both in Church and State, contrary to the Laws of the Land, and his own solemn Oath; which laid the foundation of all those Disasters that ended in the fatal exit of his Son, and the subversion of the Government of both Nations. These were the first Advantages we had by the Union of the Crowns.

His Son King Charles I. had scarce ascended the Throne, when we had new Proofs of the Disadvantages we labour'd under by that Union; for he by the Advice of some Enemies to our Nation, did in an imperious and arbitrary manner send for our Crown, tho the only Monument almost left us of our Independency and Freedom; but was generously answer'd by him that had it in keeping, That if he would come and be Crown'd in Scotland, he should have all the Honour done him that ever was to his Ancestors; but if he did not think it worth his while, they might perhaps be inclin'd to make choice of another Soveraign, or to that effect; as recorded in the Continuation of Sir Richard Baker's History. Another Disadvantage we had by that Union of the Crown, was this, That that unfortunate Prince being inspir'd with an aversion to the Constitution of our Country, by his Education in the Court of Eng [Page 33] land, he made an unnatural War upon us to bring us to a Conformity with England in Church-Matters. We shall not here offer to debate which of the Churches was best constituted, or most agreable to the Scripture-Pattern: It suffices for our Argument, that we were injur'd in having a foreign Model offered to be obtruded upon us, which was the Consequence of the Union of the Crowns, and of having our King educated in another Nation; but that was not all, another mischievous effect of the Union was this, that whatever King Charles had deserv'd at our hands, yet out of natural Affection, Conscience and Honour, we were oblig'd to do what we could to prevent his illegal Trial and Death, and to defend his Son's Title, which threw us into Convulsions at home, occasion'd us the loss of several Armies, and expos'd our Nation afterwards to ruin and devastation by our implacable Enemy the Usurper, which together with the ungrateful Retributions made us by the Government after the Restoration, were enough to have wearied any Nation under Heav'n, but our selves, of the Union of the Crowns.

Yet such was our Zeal for the Protestant Interest, the Welfare of the Island, and the Liberty of Europe, that tho we had a fair opportunity of providing otherwise for our security and the Advancement of our Trade, and of forming our selves into a Commonwealth, or [Page 34] of bringing England to our own terms, yet we frankly and generously concurr'd with them to settle our Government on the same Persons, and in the same manner as they did theirs, and all the Reward we had from them is, that an Union of the Nations, tho twice propos'd by his Majesty in Parliament, hath been contemptously rejected, our King questioned by a Parliament of England for an Act of his Parliament in Scotland, which is a manifest Impeachment of our Soveraingty; a Compliance with which excluded Baliol and his Heirs for ever from our Crown; and to this they have added an opposition to our receiving foreign Subscriptions at Hamburgh and elsewhere, refus'd us a Supply of Corn for our Mony, to relieve us in our Distress; and discourag'd our Settlement at Darien, by forbidding their Subjects to trade with us there. If these continued Slights and Injuries be not enough to make us weary of the Union of the Crowns, let any Man judg.

To discover a little of the unreasonableness of this sort of Treatment, we dare appeal to the calm thoughts of such of our Neighbours in England, as prefer the Interest of the Publick to private Animosities, and foolish ill-grounded Piques, either as to Church or State; whether at the time of the Revolution, and before we declar'd our selves, they would not have been willing to have assur'd themselves of our Friendship, at the rate of uniting with us as one Nati [Page 35] on? Had we but demurr'd upon forfeiting the late K. James, or made but a Proffer of renewing our antient League with France, and joining with that Crown to keep that Prince upon the Throne of Great Britain; they know we might have made what Terms we pleas'd with the late King and Louis XIV. on that condition, and might have been restor'd to all the Honours and Privileges that our Ancestors enjoy'd in France, which were almost equal to those of the Natives; and yet that gallant Nation thought it no disparagement to them, however we be despis'd and undervalued now by a certain Party in England.

Had we but seem'd to have made such Overtures, the English must needs have foreseen that the natural Consequences of such a Design, if it had taken effect, must have been these, viz. the late King's Adherents in England would certainly have join'd us, and our Nation would have afforded them a safe retreat, in case of any Disaster, till they could have concerted Matters to the best advantage; the late King would not have yielded himself such an easy Conquest, nor disbanded his Army in such a manner as he did; Ireland had certainly never revolted, since every one knows that the Revolution was begun, and in a great measure perfected there by the Scots of the North; so that England must have become the Theatre of War, bin liable to an Invasion from France on all occasions, would only have strenghtened her Fet [Page 36] ters by struggling with them, and expos'd all the Patriots of her Religion and Liberty to Butchery and Destruction.

These must certainly have been the Consequences of our adhering to the late King, and the English would have thought they had had a very good Bargain if they could have bought us off in that case with uniting both the Kingdoms into one, and granting us a joint Trade to their own Plantations; wheras now they will not allow us to settle a foreign Colony of our own, and treat us as Foreigners in theirs.

To shew that this is not a mere Conjecture, that has no other ground but a Vision of the Brain, they may be pleas'd to consider the honorable Privileges granted us by their Ancestors, and some of the greatest Princes that ever swayed their Scepter, viz. King Edward and William the Conqueror, who by the Consent of the States in Parliament assembled, enacted, ‘That the Scots should be accounted Denizons of England, and enjoy the same Privileges with themselves, because of their frequent Intermarriages with the English, and that they did ever stand stoutly as one Man with them for the common Utility of the Crown and Kingdom, against the Danes and Norwegians, fought it most valiantly and unanimously against the common Enemy, and bore the burden of most fierce Wars in the Kingdom.’ This they will find in a Book call'd, Archaionomia , translated from the Saxon by William Lambard, and printed at London by John Day in 1568.

[Page 37]

It must be granted, that the Reasons of such a grateful Retribution are redoubled now: Intermarriages betwixt the two Nations are more frequent than ever; the Union of the Kingdoms under one Crown for almost 100 years; the generous Concurrence of the Scots in the last Revolution; their loss of so many gallant Officers and brave Soldiers in the common Cause during the late War, and the preservation of Ireland, which hath been twice owing to our Countrymen, might reasonably entitle us to the same Privileges now, that our Ancestors were formerly allow'd by King Edward, and William the Conqueror. We need not insist on another sort of Obligation, that we have put upon England twice within this 60 years, viz. the delivering them from their Oppressions in the time of K. Charles I. the Anarchy of the Rump, and several Models of Armys and Juntos, by encouraging General Monk's Undertaking; for it cannot be denied that we had the Ballance of Europe in our hands at the time of the last Revolution, and that we turn'd the Scale to the advantage of England in particular and of Europe in general, which must be allow'd to be as great a Service, as that which was so thankfully rewarded by Edward, and William the Conqueror; whence it is evident that those Englishmen, who at present oppose our Settlement in America, don't inherit the gratitude of their Ancestors, when they not only will not allow us to trade in conjunction with them, but with [Page 38] stand our doing any thing that may advance a Trade by our selves.

If they object that what we did in all those cases was no more than our duty, and what we ow'd to our own Preservation as well as to theirs: it is easy to reply, that admitting it to be so, yet by the Laws of God and Men People are incourag'd to perform their Duties by Rewards; and their Ancestores were so sensible of this, that tho they knew we were equally concern'd to defend the Island against foreign Invaders as well as they, yet they thought themselves oblig'd in Policy as well as Gratitude, to reward us; which they not only did by that Honorary Premium of allowing us to be Denisons of England, as above-mention'd, but sometimes gave to us, and at other times confirm'd to us the three Northern Counties of Northumberland, Westmorland, and Cumberland, bo be held in Fee of the Crown of England.

It is likewise very well known with how much Honour the Parliament of England treated us, when they courted our Assistance against K. Charles I. and what large Promises that Prince made us, if we would have but stood Neuter; which tho we had reason to think many of those that opposed him had no great kindness neither for our Civil nor Ecclesiastical Constitution, yet the sense that we had of the common Danger that our Religion and Liberties were in at that time, made us proof against all those Tentations; so that after all [Page 39] Endeavours for a Reconciliation betwixt the King and the Parliament of England prov'd unsuccessful, we sent in an Army, which cast the Ballance on the side of the latter; who before that time were reduc'd low enough by the King's Army, as is very well known to such as are acquainted with the History of those times, and is own'd by my Lord Hollis in his Memoirs lately publish'd.

But to return to the last Revolution: Tho we must own that we owe our Deliverance to his present Majesty, and were oblig'd in Conscience and Honour to concur with him; yet who could have blam'd us to have stood upon Terms before we had fallen in with England? especially considering how ungratefully (nay villanously) we were treated by Cromwel and his Party, after we had sav'd them and the Parliament of England from the Scorpions that the Cavaliers had prepar'd to chastise them with; as is own'd by the said Lord Hollis. Nor could we have been any way culpable, if we had stood upon higher and surer Terms with his Majesty, considering how unthankfully we were abus'd and enslav'd by our late Kings, for whom we had acted and suffered so much. And tho we must own that no less Present than that of our Crown was sufficient to testify our Gratitude for what the Prince of Orange had done for us, yet we were under no necessity of gratifying him in that manner, since our Deliverance was effected before hand, and that he him [Page 40] self in his Declaration express'd it to be no part of his design to come for the Crown; so that our Reward was as frank and generous as his Service.

Then as to England, we were under no manner of obligation to continue the Union with them: We might have insisted upon having our King obliged to reside as much amongst us as amongst them: that we should be govern'd without any consideration or respect to their Interest, any further than it fell in with our own. We might have insisted upon an Act that we should not be oblig'd to attend his Majesty at any time at the Court of England, about our Affairs; but that he should either attend upon our Administration in person pro re nata, as he does now upon the Affairs of Holland, or lay down Methods to have his Pleasure signified to us at home in such cases as it was requir'd; which would save a vast deal of Money annually to the Kingdom of Scotland. Then as to the Succession, we were under no necessity of settling it in the same manner as they did in England: for since they had made a Breach in the Line, they could not handsomly have blam'd us to have made an improvement of it, and either to have limited the Reversion after his present Majesty's Death, or otherwise as we should have thought best, for the security of our Civil and Religious Liberties; or we might have settled it upon the Prince of Orange and his Issue by any other Wise, there being cause [Page 41] enough then to conceive that he was never like to have any by his late excellent Princess. Had we taken any of these Methods, it must be own'd that England would have been considerably weakned, and lessen'd in the Esteem of the World by it; that we should have thereby had an opportunity of making such foreign Alliances with France, as formerly, or with any other Nation, as would have made England uneasy, and perhaps unsafe on occasion; and therefore it must be reckon'd highly impolitick, as well as ungrateful, in our Neighbours to treat us continually as such a rate, as if they had a mind to bring us under subjection, since we have so many open Doors to get out at.

They must not think that we have so far degenerated from the Courage and Honour of our Ancestors, as tamely to submit to become their Vassals, when for 2000 years we have maintain'd our Freedom; and therefore it is not their Interest to oppress us too much. If they consult their Histories, they will find that we always broke their Yoke at long-run, if at any time we were brought under it by Force or Fraud. The best way to assure themselves of us is to treat us in a friendly manner: Tho we be not so great and powerful as they, it is not impossible for us to find such Allies as may enable us to defend our selves now as well as formerly.

None of these things are suggested with an ill design to raise Animosity betwixt the Na [Page 42] tions, or to perswade to a Separation of the Crowns, but merely to shew those of our Neighbours, who use us so unkindly, that they are bound in Gratitude, Duty and Interest to do otherwise, and particularly to support us in our American Settlement, and not to lay our King under a necessity by their froward Humours in Parliament or otherwise, to discourage us in that Undertaking, as they have hitherto done, and continue still to do in their American Colonies, by their Proclamations against having any Commerce or Trade with the Scots at Darien; tho they be settled there according to the Terms of his own Patent, and an Act of Parliament in Scotland.

We are not insensible that the present Juncture of Affairs obliges the Kingdom of England to carry fair with Spain, and may admit that in part as an Apology for some of that Opposition we have met with from them; but the questioning our Act of Parliament at first, and their hindering our Subscriptions at Hamburgh afterward, before ever they knew what our design was, make that Excuse of little weight, but allowing it all the force they would have to bear, it may be worth their while to consider whether it be more their Interest to incourage the Spaniards in an unjust Opposition to our American Settlement, or to support the Scots in maintaining their Right. It is certain that the Spaniards are in no condition to break with England; or if they should, it's in the [Page 43] power of the English to reduce them speedily to reason: whereas if the Scots should miscarry in their Undertaking by the Discouragements from England before-mentioned, which exposes our Ships to be taken and treated as Pirates by any Nation that pleases, the infallible consequence of it will be, that the Ruin and utter Impoverishment of Scotland, which must necessarily follow such a Miscarriage, will immediatly affect England both in her Trade and Strength: The City of London and the Northern Road will soon feel the effects of it, when the Money spent by our Gentry and Merchants continually for Cloaths, Provisions, and Goods, ceases to circulate there: England must unavoidably become an easier Prey to any foreign Enemy; since it will not be only the Loss of a Tribe, but of an entire Sister-Nation. Or supposing that Scotland should be able to bear up under the Loss, it will lay the foundation of an irreconcilable Feud, and perhaps issue in a War betwixt the two Nations; which did never yet terminate at long-run to the advantage of England, and is as unlikely to do so now as ever: for in such a case they would find us unanimous as one Man against them; whereas we are sure that all those who wish well to the Protestant Interest, and their present Constitution, would never join in any such War against us; and therefore those who are Enemies to the Peace of the Nations, being aware of this, labour to effect their Design by another Method, [Page 44] and endeavour as much as they can to dash the Government and us against one another. But they are mistaken in the People of Scotland: we are so sensible of our Obligations to K. William, and know so well what is due to our Deliverer, that it surpasses all their Art to create in us the least ill thought of him; it is not in the temper of our Nation. The World knows that however frequent and successful we have been in reducing our bad Kings to reason, yet there never was any People under the Sun more loyal and affectionate to good Princes than we have been; and if, when we have been forc'd to oppose our Monarchs, private persons have sometimes carried their Resentments too high, yet the publick Justice of the Nation was always govern'd with Temper. We could multiply Instances to prove this, but need go no higher than the three last Kings, who tho all of them Enemies to our Constitution, as appear'd by their Principles and Practices, yet it's very well known what we both did and suffer'd for them, and particularly for K. Charles I. tho the Malice of a Faction in our neighbouring Nation fix'd a scandalous Reproach upon us, as if we had sold him; from which Reflection we are sufficiently vindicated by the Lord Hollis's Memoirs before-mentioned; wherein that excellent Person makes it evident, that tho our War against that Prince was just, yet we had all possible respect for his Person, made the best Conditions we could for his Safety and Honour, [Page 45] and to avoid greater Mischiefs, and the playing of our Enemies game to the ruin of our selves and his Majesty, we were necessitated to leave him in England. Memoirs p. 68.

Then since we carried it so to a Prince that had been no way kind to us, it will be impossible to create a Breach betwixt us and a Prince, to whom, under God, we owe all that we enjoy as Men and Christians: But at the same time our Neighbours, who think to drive that Nail as far as it will go, would do well to consider that we never believ'd that Doctrine in Scotland, that it is unlawful to resist a King, or any that have a Commission under him, upon any pretence whatsoever: we left that Doctrine in Scythia, from whence some Authors derive our Origin, and think it only fit to be sent back to Turkey, from whence it came. We know very well how to distinguish betwixt a lawful Power, and the abuse of it; and our Ancestors rightly understood how to obey the lawful Commands of their Princes, when Masters of themselves, and how to govern by their Authority, and in their Name, when they were not; tho they did not think themselves obliged to obey their personal Commands, when the Fortune of War, or other Accidents had put them into the hands of our Enemies. Thus we refused Obedience to K. James I. when detain'd Prisoner in England contrary to the Law of Nations, and carried over into France, to command his Subjects there not to bear [Page 46] Arms against the English Army, where he was in Person. We told him we knew how to distinguish betwixt the Commands of a King and those of a Captive: and that most of the Kings of Scots have been such in relation to us since the Union, we could heartily wish were not too demonstrable.

To return to the point of what may probably be the Consequences if the English should proceed to any further degree of opposition; or if the Scots should miscarry in the Design. It's reasonable to believe that the English will be so wise as to forbear Hostilities, tho we are very well satisfied there is a Party in that Nation who bear ours no good will; but they being such as are either disaffected to the present Constitution, or acted by a sordid Principle of private Interest, it's to be hop'd they will never be able so far to leaven the sound part of the English Nation, as to occasion a Rupture betwixt them and us: yet we must needs say that we look upon their way of treating us to be a very unaccountable thing, and that it was no small surprise to us, to find that an English Parliament should look on our taking Subscriptions in England in order to admit them Joint-Sharers with our selves, in the benefit of the Act to encourage our Trade, to be no less than a high Misdemeanour. We have reason likewise to complain of their constant practice of pressing our Seamen in time of War, as if they were their own Subjects, and that they should treat us in other [Page 47] respects as if we were Aliens; and sometimes confiscate Ships, by reckoning Scots Mariners as such: so that the English have not only depriv'd us of our Government and the warm Influences of our Court, the want of which is a considerable addition to the natural coldness of our Climate, but they likewise oppress us on all occasions, and do manifestly endeavour to prevent our Application to Trade. We know there's a Party in that Nation, who think we sustain'd no great loss by the removal of our Princes; but we would wish them to consider what a murmuring they themselves make when the King goes annually to the Netherlands (tho the safety of Europe requires it) because of the damp it puts upon Trade, and the Mony it carries out of the Kingdom. Let them consider then what our Nation has suffer'd in that respect now for almost 100 years, besides the lessening our esteem in the Eyes of the World, so that our Honour and Substance are both swallow'd up by the Kingdom of England; and yet they will neither admit us to the privileges of Fellow-Subjects with themselves, nor suffer us to take such measures as may inable us to stand on our own bottom. Certainly this is not the way to establish the Peace, nor to increase the Wealth of the Island.

We know that it was a Maxim in some of the late Reigns, That it would never be well till all that part of Scotland on this side Forth, were reduc'd to a hunting Field; but we were in [Page 48] hopes the bitterness of those days had been past: yet it seems that Party have still so far the ascendant amongst our Neighbours, as to procure a publick opposition to all our Endeavours for raising our Nation by Trade.

It will upon due examination be found as bad Policy as it is Christianity, to urge, as some of our Neighbours do, that it is the Interest of England to keep the Scots low, because they are an independent and free Nation, and were our antient Enemies; and therefore may be dangerous Neighbours if they grow rich and potent. Nothing but Rancour and inveterate Malice can suggest such sour thoughts as these. It were fit that sort of Men should be purg'd of their Choler. The Scots to obviate all dangers from that Head, have, tho they be much the antienter Nation, condescended so far as several times to propose a Union, which the Gentlemen of that Kidney have hitherto prevented; and therefore we would wish them to look back into their Histories, and upon casting up their Accounts, make a true Estimate of whatever they gain'd by a War with Scotland. They will find that their Ancestors, as well as the Romans, have been sensible, as Tacitus expresses it, ‘ Quos sibi Viros Caledonia seposuerit ’; and that as it was true what our Historian says of the unjust and treacherous War made upon us by Edward I. that ‘ Scotorum Nomen pene delevit ’; it was also true what he says on the other hand, that ‘ Angliam vehementer concussit ’: So that those Gen [Page 49] tlemen take the direct way by opposing and oppressing us to run into those dangers they would avoid; for they may assure themselves that if the English Opposition to our American Settlement should once break out into Hostilities, the Scots will find some Allies, antient or new, that will be glad of the opportunity to join with them. Or if, which is most probable, tho highly ungrateful and impolitick, the English should so far neglect the Scots, as to suffer them to be overpower'd by the French, they may be sure that the Scots, when put to their last shift, can always make an honourable Capitulation with France: It's not to be doubted, but that Crown would be very willing to renew their antient Alliance with us; and besides allowing us a Share at least in the Trade of Darien, would on condition of giving them the Possession of New Caledonia, restore us likewise to all our antient Privileges in France. They would think it a very good purchase if they could secure themselves of that Colony by doing so, granting us what security we could reasonably desire for the uninterrupted Injoyment of the Protestant Religion, and a Freedom of Trade to all places of the World where it did not actually interfere with their own Settlements and Colonies. So that if this should be the case, we leave it to our Neighbours to judg what would become of their East and West India Trade and Plantations, and of their own Liberty, and whether they would be able to stand out against France and us, now [Page 50] that they have no footing on the Continent, since formerly, when they had so many Provinces of that Kingdom in their possession, they found it a hard matter to do it, and at last lost every foot of their French Dominions: Whereas had they been in Union with us, they might certainly have retain'd them, and by consequence have prevented the great Calamities that Europe hath since groan'd under by the prodigious Increase of the French Monarchy.

This we think sufficient to convince those angry Gentlemen in our neighbouring Nation, that are so very much disgusted with our American Settlement, that it is the Interest of England to join with us and support it, and that it may be of dangerous consequence to them either to oppose or neglect us: Whereas by joining cordially in this matter, they may unite us inseparably to themselves for ever, inrich their own Nation, secure and advance the Protestant Interest, keep the Ballance of Europe in their hands, and prevent the returns of its danger, their own expence of Blood and Treasure to save its being threatned with Slavery any more, either by the House of Bourbon or Austria. Therefore we cannot believe after all, but our wise and politick Neighbours will at last see it their Interest to protect and incourage us in this matter, that we may mutually strengthen and support one another against the French, who are loudest in their Clamours against our Settlement, because if incourag'd and improv'd it [Page 51] will defeat all their ambitious and Antichristian Designs; and thereby we shall also be in a condition to assist the English Plantations in the West Indies, who as we find by the proceedings of the Earl of Bellomont and the Assemblies of New England and New York, are sufficiently sensible of their danger, from the incroaching temper of the French, which increases every day; and it is evident that their new design'd Colony in Mississipi River looks with a dangerous Aspect upon all the English Plantations in America, and may be more justly esteemed an Incroachment upon Spain, as being in the Bay of Mexico, than our Plantation in Darien: which argues the treacherous Humour of that Nation, to make such an Outcry against the Scots who have invaded no Mans Property, when they themselves are so notoriously guilty of it; and therefore it would seem to be the Interest of England rather to strengthen themselves by our Friendship, and to look after the French, than to provoke us to look out for other Allies by their opposition and neglect.

We shall conclude this matter with one or two more Arguments to prove, That it is the Interest of England to join with us in this Affair; by which also it will appear that there is nothing advanc'd in these Sheets out of any ill Design against the English Nation, or to perswade to a disuniting of the Crowns; but on the contrary, that a stricter Union is absolutely necessary, that both Nations may have but one [Page 52] Interest, which will render us less liable to Convulsions and intestine Commotions at home, and put us out of danger of being attack'd by Enemies from abroad.

• The first Argument is this; That by incouraging our Settlement at Darien, English Ships that have occasion to pass by those Coasts will there be certain of a place of Retreat in case of attack either by Enemy or Tempest, without danger of being confiscated by the Spaniards, and having their Men condemn'd to be perpetual Slaves in the Mines.
• 2. If we be incouraged in our American Colony, it will contribute much to heighten the Consumption of the English Product; since what we have not of our own, or wherein we are wanting either as to quality or quantity, we shall supply our selves, for the use of our Plantation, in England; which may be of great benefit to the Northern Counties especially, whence we may conveniently furnish our selves with Beeves for victualling our Ships, our own Cattel being for the most part too small for that use; besides many other things that we shall have occasion to export from England for the use of the Plantation, and to maintain a Commerce with the Natives.
• 3. By joining with us in this Colony, and securing a Post on the South-Sea, which the Princes of Darien will no doubt very readily agree to, they may shorten their Voyages to the East-Indies, and by that means be able to outdo [Page 53] all their Rivals in that Trade: but if they will be so far wanting to themselves, as to suffer those advantages to fall into the hands of others who are Enemies to our Religion and common Country, they cannot blame the Scots, who have made them such fair Offers; and if our Nation should miscarry in the Attempt, they themselves cannot expect to stand long, but must be buried in the common Ruins, and fall unpitied.
• 4. If after all the English should continue obstinate in their Opposition to us, as their late Proclamations in America, and other Passages would seem to imply they have a mind to, the World cannot blame the Scots to provide for themselves by such other Alliances as they shall think meet; since the English are so unkind, and have been constantly growing upon us, especially since the Restoration of King Charles II. to which we did so much contribute, that without our concurrence it could never have been effected. This will appear to be incontrovertibly true, if we consider that in the time of K. James I. we were under no Restrictions as to matters of Trade more than they, except as to the exportation of Wool, and a few other things of English Product; and so we continu'd till the Restoration, when K. Charles II. and the English did very ungratefully lay such Preclusions and Restrictions upon us contrary to the Laws relating to the Postnati, by the 12th of Car. 2. for the incouraging and increasing Shipping and Navigation, and the 15 [Page 54] Car. 2. for the incouragement of Trade; by which we are put in the same Circumstances as to Traffick with France and Holland, and in a worse condition than Ireland that is a Conquest; which is so much the more unreasonable, since we are always involv'd and ingag'd in the Wars betwixt England and other Countries: and those with whom they have most frequent Wars, being Holland and France, the only two Nations with whom the Scots have almost any Commerce, our Trade must of necessity sink during such Wars, whereas England hath still a great Trade to other parts of the World; and by this means we are forc'd to be sharers in their Troubles, tho they will not allow us to partake of their Profits, nor suffer us to take any measures to procure such as we may call our own.

It is plain from the Instance of Darien, and the Proclamations in the English American Colonies against their Subjects entertaining any Commerce with our Settlement there, that by the Union of the Crowns upon the present footing, we are in a worse condition than ever; for when any thing happens wherein the Interest of England seems to be contrary to ours, it is certainly carried against us, and we are left without remedy: so that in this respect we are in a worse condition than any Foreigners, with relation to England; for if a foreign People discover any thing that may be of advantage to them, they are at liberty to pursue it by them [Page 55] selves, or to take in the Assistance of others; and if they find themselves aggriev'd by England, they have their respective Governments to make application to for redress: but we are the most unhappy People in the World; for if England oppose us, we have no King to appeal to, but one that is either an Alien and Enemy to us, as being King of a greater People who are such, or if he be inclinable to protect and do us Justice as King of Scots, he is a Prisoner in England, and cannot do it: If they question him in the Parliament of England for any thing relating to his Government of Scotland, as in the case of our late Act for an East-India and African Trade, his Interest as King of England obliges him to submit himself as King of Scotland; by which means our Crown, which we defended so gallantly for so many ages, and which the English could never make subject to theirs by force, is now intirely subjected by a false step of our own, in suffering our King to take their Crown upon him without making better terms for our selves: So that instead of having a King to fight our Battels, we have made a surrender of our Prince to the Enemy, who arm him against us; and which is worst of all, we have falsified our own Proverb as to our selves, That Scots-men are wise behind hand: for tho we sufficiently smarted for it in the four last Reigns, yet we had not so much foresight or care of our selves as to prevent the Consequences of it in this Reign, when it was in our power to have [Page 56] done it. Then if we make application to our antient Allies, or any other foreign Power for Assistance, when we groan under Oppression, we are treated as Rebels: Thus our whole Nation was proclaim'd such for but offering to make application to the King of France, as our antient Friend and Ally, when a certain Party in England had arm'd our natural Soveraign K. Charles I. against us. And that which is still worse, tho our Crown from the time of the Union has been for the most part on the Head of an Alien or Enemy, yet it has influence enough to divide us amongst our selves against the Interest of the Nation; as in the Reign of K. Charles II. those that comply'd with the Court of England were brib'd with all the chief places in our Administration, whilst those who were true Patriots to their Country (as for Honour sake to instance only in the late Great Duke of Hamilton, and our present Lord High Chancellor) were expos'd to all manner of Dangers and Vexations. This we think sufficient to convince our Neighbors that we have no reason to be fond of having the Union of the Crowns continu'd, except the Interest of the Nations be more closely united than ever they have hitherto been. And to let them see that it is their interest as well as ours it should be so, we shall only desire them to consider how fatal it may be to them, if by any Emergency we should be forc'd to break off the Union of the Crowns, and enter again in [Page 57] to a French Alliance. It's in vain for them to object that in such a case we should betray our Religion; for we see the persecuted Hungarians were protected in that by the Turks, tho sworn Enemies to it: nor is it impossible but there may be a Change as to that matter in France; L. XIV. is not immortal: and even Julian the Apostate himself found it his Interest for some time to protect the Orthodox Christians, whom he mortally hated. But supposing (as indeed there's no great likelihood of it) that no such Alliance as this should ever happen; yet however, if these two Nations be not more closely united, it may be of ill consequence to England, if any of their Kings at any time should be so far disgusted with their Proceedings, as to leave them, and betake themselves to us. What a Field of Blood and Slaughter must England have become, had we carried off K. Charles I. when he came to our Army, or if we had join'd him against the Parliament of England? What great Efforts did a Party of our Nation make to inthrone K. Charles II. when England was against him? and how did our Concurrence afterwards with General Monk effect it? How soon did our espousing the D. of York's Interest turn the Tables upon those that opposed him in England? And if our Nation had likewise espous'd his Cause before the Revolution, the Viscount of Dundee gave a sufficient proof what we could have done for him. There's a strong Party in England at present against al [Page 58] lowing the King a standing Force, for fear, as they pretend, of losing their Liberties; but all their Opposition in that respect would signify little, if (in case of a Rupture) our Nation should take part with the Court, and bring in 22000 men, with 6 weeks Provisions and Pay, as we are oblig'd to do by Act of Parliament, for his Assistance. This makes it evident that it is not the interest of England to slight an Union with us so much as they have don: for so long as we remain divided, any King that is so minded, may make use of us to inslave one another; and any envious Neighbour, whose Interest it is to keep this Island low, will be sure to blow the Coals. If they'd but turn the Tables, and make our Case their own, they would quickly be satisfied of the truth of what we advance. Supposing that the Government of Scotland should traverse the Actings of the Government of England in relation to their Trade, &c. as they have done ours; and supposing that a Parliament of Scotland, when the King were there, should question him for the Navigation Act, and that for the Incouragement of Trade in England by K. Charles II. which lays us under such hard Circumstances and Restrictions, the English would certainly very much resent it, and speedily tell us we meddled with what did not belong to us: Then why should they deny us the like liberty in reference to their Proceedings against us, seeing we are a free Nation as well as they?

[Page 59]

They cannot think that the Kingdom of Scotland will look upon the English Proclamations in the West-Indies, against having any Commerce with our Colony at Darien, to be the Act and Deed of a King of Scotland, since it is not only contrary to his own Act of Parliament there, and his Patent under the Great Seal of that Kingdom, but contrary to the Interest of that Nation: but being the Act of a person who is really King of Scots, we can look upon it to be no other than the effect of a force put upon him by a Nation which in this matter thinks it their Interest he should do so. Now suppose, which God forbid, our Colony should be starv'd by virtue of those Proclamations, or that our Ships going and coming from Darien, should by reason thereof be attack'd, and treated as Pirates by the English, French, Dutch, or any other Nation, who may take the opportunity to do it, and say our King has declar'd against us; to whom should we make application for redress in this matter? The King of England, he is our Enemy, and emitted those Proclamations; the King of Scots is detain'd in England, and not Master of himself, but is forc'd to act thus contrary to the Interest of his own antient Crown and Kingdom; as a former K. William, John Baliol, and James I. were forc'd to do, when in the power of the English. In such a case, if our infant Colony should by this means be destroyed, our Neighbours must needs think that we should look for [Page 60] a Compensation somewhere, resume the Government into our own hands, and strengthen our selves by new Alliances; which perhaps might be little to their advantage. This is not suggested as a thing that is ever likely to be practis'd, or to which the Kingdom of Scotland is any way inclin'd: Our whole Conduct since the Union is a continu'd evidence of the uprightness of our Intentions towards England; and the Offers we did make, and do still continue to make, of admitting 'em as Partners and Sharers in our new Settlement, are enough to stop the mouth of Calumny it self. But if in return for our kindness we meet with Neglect and Contempt, have our Soveraignty trampled under foot, our Settlement in America by an Act of Parliament in Scotland reflected upon as unjust by Proclamations from England, the World cannot blame us to complain of the Violence done to our Independency and Honour; which is not to be salv'd by any politick considerations whatever, that our Neighbours can pretend for this Treatment.

Nor can any thing less than joining with us, and protecting that Settlement against all opposition in case of Attacks by the French, or others, sufficiently atone for what is already don, or heal the Wound those Proclamations have giv'n to the common Interest and Honor of the Island.

We come in the next place to give a Description of the Isthmus of Darien. It lies be [Page 61] twixt the 8th and 10th Degrees of Northern Latitude, and in the narrowest place is betwixt 60 and 80 Italian Miles over. We shall not trouble our selves with the Description of any more of it than is in the possession of the Natives, which is in length from E. to W. on the North side from the Mouth of the River Darien to Port Scrivan, above 140 Italian Miles; from Caret Bay to the River of Cheapo on the Southside, it is about 160 in length. It is supposed to take its Name from the great River of Darien, that bounds its Northern Coast to the Eastward. It is bounded on the North and South with the vast Oceans that carry the names of the North and South Seas. Its Situation is very pleasant and agreable, and very commodious for a speedy and short Communication of Trade betwixt the North and South Seas, and preventing that vast Compass that must otherwise be fetch'd round either of the Extremes of North and South-America. By this means also it lies convenient for a speedier Communication of Trade betwixt Europe and the EastIndies than any that hath hitherto been found out. Mr. Dampier says, that from Cheapo, or Santa Maria River, a man may pass from Sea to Sea in three days, and that the Indians do it in a day and half. There are abundance of valuable Islands on both sides the Isthmus, which prevent the breaking in of the Ocean upon it at once; and besides the Conveniences of Wood, Fish, Fowl, and Water, afford good and safe [Page 62] Riding in all Weathers, to any number of Ships, especially those call'd the Sambaloes, that lie along the Northern Coast. The Continent is agreably intermix'd with Hills and Valleys of great variety, for height, depth, and extent. The Valleys are watered with Rivers, Brooks and Springs, which take their rise from a great Ridg of Hills that run along the Isthmus, but nearest to the Northern Shore, from which it is seldom above 15 miles distant, and from whence the Sambaloes Islands, and the various makings of the Shore, and the continued Forest all along the Country gratify the Eye with a very fine prospect. The Rivers on the Northern Coast are generally small, because their Course from the abovementioned Ridg of Hills is but short; yet the River of Darien is very large, but the depth of its entrance not answerable to its width, yet further in it is deep enough, and hath a good Harbour in Caret Bay which is some leagues up the River, hath two Islands of pretty high Land, cloath'd with variety of Trees lying before it, and two or three streams of fresh Water falling into it. From this Bay to the Promontory near Golden Island, the Shore is indifferently fruitful, and the Soil on the Northern Coast is generally good, but swampy here and there to the Sea.

To the Westward of the Promontory, at the entrance of the River, is a fine sandy Bay with three Islands, one of them Golden Island lying before it, which make it an extraordinary good [Page 63] Harbour. Golden Island is rocky and steep all round, except at the landing place on the South side, so that it is naturally fortify'd. The Land of the Isthmus over against it to the S. E. is an excellent fruitful Soil. West of this Island lies the largest of the three, being swampy and covered with Maingroves. To the North of these lies the Island of Pines, cover'd with tall Trees fit for any use. From the point against these Islands for three Leagues Westward, the Shore is guarded by Rocks, so that a Boat cannot land; but at the N. W. end of the Rocks there's a very good Harbour, and good Riding, as has been said, in all Winds, by some or other of those Islands, which with the adjacent Shore make a lovely Landskip off at Sea. The Channel betwixt them and the Isthmus is two, three, and four miles broad, and navigable from end to end; and the Ground opposite to them within Land an excellent Soil, and a continued Forest of stately Timber-trees.

On the South side there's the River Sambo that falls into the Sea by point Garachina. This is a large River. Then there's the Gulph of St. Michael, made by the Outlet of several considerable Rivers, as those of Santa Maria and Congo, and the Gold-River, so call'd because of the great plenty of Gold Dust it affords to the Spaniards. The River Congo may be entred at high water, and affords a good Harbour. The Gulph has several Islands in it, and affords good Riding in many places. The Country on [Page 64] this side as on the other is one continued Forest; and forms a Bay call'd the Bay of Panama, abounding with fine Islands, and affording good Riding for Ships. The Soil of the Inland Country is for the most part a black fruitful Mold.

The Weather is much the same as in other places of the Torrid Zone in this Latitude, but inclining to the wet extreme, for two thirds of the year, the Rains beginning in April.

The most remarkable of their Trees are the Cotton Tree, which bears a Cod as big as a Nutmeg full of short Wool or Down, and affords Timber for Canoes and Periagoes; they abound with stately Cedars and Macaw Trees, which bear a Fruit as big as a small Pear, of a tart but not unpleasant Taste; Bibby Tree, the Wood hard and black as Ink, and being tapp'd, affords a Liquor call'd Bibby, of a pleasant tart taste, which the Indians drink. They have abundance of Plantains set in Walks, which make very delightful Groves, and yield an excellent Fruit, and being green and sappy, are cut down with one stroke of an Ax. They have also plenty of Bonanoes another sort of Plantain, which eats best raw as the Plantain does boil'd. They have great store of that excellent Fruit call'd Pine-apples, which tastes like a Mixture of all delicious Fruits, and ripens at all times of the year. They have also Prickle-pear, which is a very good Fruit; and Sugar-Canes, of which they make no other use but to suck out the Juice. The Maho Tree, of which they [Page 65] make Ropes, Cables for Ships, and Nets for fishing. The Calabash whose Shells serve for Cups and other occasions, is curiously painted; the sweet sort of 'em is eatable, and the bitter sort Medicinal. They have also Gourds of the like nature. There's a Plant they call Silk Grass which resembles our Flaggs; this they beat into strings like fine Flax, much stronger than our Flax or Hemp; of these they make Ropes, Cordage of all sorts, Nets for small Fish; and the Spaniards and others use it for Shoemakers Thread, Stockins, and a sort of Lace. They have a Tree call'd Lightwood, as large as an Elm, but so light, that a Man may carry a great quantity of it on his back. It is in substance like Cork, and made use of by the Indians for rafters to go to Sea, or pass Rivers. They have a Tree call'd Whitewood of a finer Grain, and whiter than any European Wood, and fit for inlaying. They have Tamarind, Locust Tree, Bastard Cinnamon, Bamboes, and Maingrove Trees in plenty. They have Shrubs that bear store of Pepper of two sorts, call'd bell Pepper, and bird Pepper.

Mr. Wafer, to whom we owe this Description, takes notice of a Redwood, whereof there grow great quantities on the Northern Coast; the Indians make use of it for dying, and mix a kind of Earth they have with it. It makes a bright glossy lively Red, which no washing can fetch out again. This we suppose to be the Nicaragua Wood. Their Roots are Pota [Page 66] toes, Yams, and Cassava; of the last of which they make Bread. They have likewise Tobacco, but don't understand the planting and manuring of it; it is not so strong as that of Virginia.

Their Beasts are the Peccary, and Waree a kind of wild Hogs, which are very good Meat. They have considerable store of Deer and Rabbits, and great droves of Monkys, which are extraordinary fat and good to eat. They have an Insect call'd a Soldier, somewhat resembling a Crab, which feeds upon what falls from the Tree, is a delicious Meat, and yields an Oil that is an excellent Salve. They have no European Cattle.

Their Birds are the Chicaly-Chicaly, which makes a noise somewhat like a Cuccoo, is a large Bird, has Feathers of divers Colours very beautiful and lively, whereof the Natives sometimes make Aprons. This Bird keeps mostly on the Trees, feeds on fruit, and is pretty good Meat. The Quam feeds in the same manner, his Wings are dun, his Tail dark, short, and upright. He is much preferable to the other for Meat. There's a Russet-colour'd Bird, resembling a Partridg, runs most on the ground, and is excellent Meat. The Corrosou is a large Fowl as big as a Turky, and of a black colour. The Cock has a fine Crown of yellow Feathers on his Head, and Gills like a Turkey. They live on Trees, and eat Fruit. They sing very delightfully, and are so well imitated by the [Page 67] Indians, that they discover their haunts by it. They are very good Meat, but their Bones make the Dogs run mad, and are therefore hid from them by the Indians. They have abundance of Parrots, for size and shape much like those of Jamaica, they are very good Meat. Their Parakites are most of them green, and go in large flights by themselves. They have Macaw Birds which are as big again as Parrots, and resemble them in shape. They have a Bill like a Hawk, and a bushy Tail with two or three long straggling Feathers, either red or blue; but those of the Body are of a lovely blue, green, and red. The Indians tame those Birds, and teach them to speak; and then letting them go into the Woods amongst the wild ones, they will return of their own accord to the Houses. They exactly imitate the Voices and singing of the Indians, and call the Chicaly in its own Note. It is one of the pleasantest Birds in the World, and its flesh sweet and well tasted. They have also Woodpeckers which are pied like our Magpies, and have long Claws that they climb up Trees with; they are not pleasant to eat. They have plenty of Dunghil-foul resembling those of Europe, and their Flesh and Eggs as well tasted as ours. About the Sambaloes they have great store of Sea-foul, and particularly Pelicans which are large Birds, having Legs and Feet like a Goose, and a Neck like a Swan, the Feathers are grey. It has a Bag under its throat, which when fill'd, is as large as a man's two fists; and when dry, [Page 68] will hold a pound of Tobacco; they feed upon Fish, and the young ones are good meat. They have also Cormorants resembling Ducks for size and shape, are of a black Colour, have a white spot on the Breast, and pitch sometimes on Trees and Shrubs by the water side. They are too rank to be eaten. They have abundance of Sea-gulls and Pyes, which are pretty good meat, but eat fishy, which is cur'd by burying 'em eight or ten hours in the Sand with their Feathers on. They have flying Insects too, and among others Bees, which form their Hives on Trees; and it's observ'd, That they never sting any body: The Natives mix the Hony with Water, and so drink it, but know not the use of the Wax. They have shining Flies, which in the night time resemble Glowworms.

Their Fish are the Tarpom, which eats like Salmon; some of 'em weigh 50 or 60 pound: They afford good Oil. They have Sharks, and another fish that resembles a Shark, but much better Meat. The Cavally is much of the size of a Maccarel, and very good Meat. They have a Fish call'd Old Wives, which is also very good to eat. Their Paracoods are as large as a well-grown Pike, and very good Meat; but in some particular places poisonous, which are distinguish'd by the Liver. Their Gar-fish is good Meat, they have a long Bone on their Snout, with which they will sometimes pierce the side of a Canoe. They have also Sculpins, [Page 69] a prickly Fish, which when strip'd, is very good Meat. They have likewise String-rays, Parrot-fish, Snooks, Conger Eels, Conchs, Perriwinkles, Limpits, Sea Crabs, and Craw-fish, and other sorts whose names we know not, that eat very well.

The Inhabitants are most numerous on the North of the Isthmus; the Men usually 5 or 6 foot high, streight, clean limb'd, big-bon'd, handsomely shap'd, nimble, active, and run well. The Women are short and thick, and not so lively as the Men; the young Women plump, well-shap'd, and have a brisk Eye: both Sexes have a round Visage, short bottle Noses, large and grey Eyes, high Forehead, white even Teeth, thin Lips, pretty large Mouths, well proportion'd Cheeks and Chins, and in general handsome; but the Men exceed the Women. Both Sexes have streight long lank black Hair, which they generally wear down to the middle of their Back. All other Hair but that of their Eye-brows and Eye-lids they pull up by the Roots, cut off the hair of their Heads, and paint themselves black by way of triumph, when they kill a Spaniard. Their natural complexion is a copper Colour, and their Eyebrows black as jet. There are some among them of both Sexes, which bear the proportion of two or three to a hundred, who are milk white, and have all their Bodies cover'd over with a milk white Down; their Hair is of the same Colour, and very fine, about 6 or 8 Inches [Page 70] long, and inclining to curl. They are less in stature than the other Indians, and their Eyelids point downwards in form of a Crescent; they don't see well in the Sun, their Eyes being weak and running with Water if the Sun shine upon them, therefore they are call'd Moon-ey'd. They are weak and sluggish in the day time, but in Moon-shiny nights all life and activity, and run as fast thro the Woods by night, as the other Indians do by day. They are not so much respected as the other Indians, but look'd upon as monstrous. The Natives go naked both Men and Women, only the Men have a thing like an Extinguisher of silver or gold Plate tied round their middle to cover their Yard, and the Women tie a piece of Cloth before them, which comes as low as their Knee; but they use none of those Precautions till they come to the years of Puberty; the Men that have not those Extinguishers, make use of a piece of a Plantain-leaf of a Conick Figure. They are in general a modest and cleanly People, and have a value for Cloths if they had them. The better sort have long Cotton Garments shap'd like Carmens Frocks, which they use on solemn occasions, as attending the King or Chief, &c. For an Ornament to the Face, besides their general painting and daubing, the Men wear a piece of Plate hanging over their Mouths, and the Chief of them have it of Gold. It is an Oval Form, and gently pinching the Bridle of the Nose with its points, hangs dangling from thence as low [Page 71] as the under Lip; and instead of this the Women wear a Ring thro the Bridle of the Nose: they lay them aside at their Feasts. They likewise wear Chains of Teeths, Shells, Beads, or the like; the heavier they be, they reckon them the more ornamental. Their Houses lie mostly scattering, and always by a River-side, but in some places they are so many as to form a Town or Village. Their Walls are made up of Sticks, and daub'd over with Earth: The Fire is in the middle of the House, and the Smoke goes out at a Hole in the Roof: They are not divided into Stories or Rooms, but into Hovels; every one has a Hammock for a Bed in one of those Hovels. They have no Doors, Shelves, or Seats, other than Logs of Wood. Every Neighbourhood has a Warhouse of 130 foot long, the sides and Ends full of Holes, whence they shoot their Arrows on the approach of the Spaniards. In their Plantations they set so much Plantain, Maiz, &c. as serves their occasions: They likewise make Drink of Maiz, which they ferment by Grains of the same chewed in their Mouths: They have also another sort of Drink, which they make of Plantains. Most of the Drudgery is perform'd by the Women with great cheerfulness, being very well condition'd, and dutiful to their Husbands, who are otherwise very indulgent to them, and their Children. The Women wash the Mother and Child in a River within an hour after Delivery. The Boys are [Page 72] bred to the Bow, Hunting, and Fishing, &c. at which they are mighty dexterous; and the Girls help the Women in dressing their Victuals, Weaving, making Cotton Cloth, Cordage, Nets, &c. and the Men make Baskets very neat, dying the Materials first with lively Colours. They allow Poligamy, but punish Adultery with Death of both Parties: They punish Theft also with Death; and Fornication with thrusting a Briar up the Man's Yard, whereof they commonly die. The Facts must be prov'd by Oath, which is a swearing by their Tooth. When they marry, the Father or nearest Kinsman keeps the Bride privately in his own Apartments the first 7 Nights, and then she is deliver'd to her Husband: All the Neighbours for some Miles round are invited to a great Feast, and bring Provisions with them: The Fathers of the young Couple bring them forth in their hands, and the Bridegroom's Father makes a Speech; then he dances about in antick Gestures till all on a sweat, when he kneels down, and gives his Son to the Bride, her Father also having danc'd himself into a Sweat, and presenting her to the Bridegroom in the same manner; then they take each other by the hand, and so the Ceremony concludes. After this all the Men take up their Axes, and run shouting to a Tract of Wood-land, to prepare a Plantation for the new Couple. That being done, they have their Feast, and afterwards drink hard, all their Arms being first [Page 73] put out of the way, to prevent Danger in case of quarrelling. They divert themselves somtimes by dancing, and piping on a small hollow Bamboe, but without distinction of Notes: The Men and Women never dance nor feast together, but apart. The Women accompany them likewise in their hunting Expeditions, which sometimes last 20 days: They tie their Hammocks betwixt two Trees, cover them with Plantain Leaves, and have Fires all night by their Hammocks: Such of their Prey as they take a Hunting, and design to keep for future use, they barbecue in the Woods; and what they make use of for present Sustenance, they mix with Roots, Plantain, Bonanoes, and Pepper, and stew it together till it be brought to a Pulp; which they take up with the two foremost Fingers of their right Hand bent hookwise, and put into their Mouths. They travel by direction of the Sun, or the bending of the Trees, according as the Wind is. None of the English Authors take notice of their Worship or Religion, but give an account that they pawaw, or consult the Devil to know Futurities: and it would seem they are as ignorant in matters of Physick and Chirurgery, since when they would let a Patient blood, they set him upon the Bank of a River, and with a little Bow, and small Arrow, gag'd that it may enter no further than our Lancets, they shoot as fast as they can at all parts of the Patient's Body; and if they chance to hit on a [Page 74] Vein, that the Blood spurts out a little, they testify their joy by antick Dances.

We come next to give an account of the Settlement of our men there; how they were receiv'd by the Natives; what Indian Princes there are in their Neighbourhood; in what state they found the Affairs of the Country; and of the Situation of our Colony.

On the 27th of October 1698. our Ships came to an Anchor in a fair sandy Bay, 3 Leagues W. off the Gulf of Darien; upon which two Canoes, with several Indians, came on board, were very free with our Men, told them they had been long expected, and were very welcome: Our Men gave them some old Hats, Lookingglasses and Knives, with which they were extremely well pleas'd, and went off. When our Ships stood further into the Bay, they saw about 20 Indians drawn up on the Shoar, being arm'd with Bows and Lances; upon which a Boat being sent ashoar, and making a signal of Peace, they unstrung their Bows, talk'd familiarly, and told our Men that two Great Captains would in a little time come on board our Ships. Accordingly on November 2d in the morning Capt. Andreas, one of their Princes, accompanied by 12 Men, came on board, and ask'd their business; he was answered, that we came to live among them, and trade with them, and would afford them European Commodities cheaper than any other People. He ask'd if [Page 75] we were Friends or Enemies to the Spaniards; and was answered that we were at peace with all men, and would make war upon no man, except they injur'd us. He took us for Buccaneers, and told us he knew Capt. Swan and Capt. Davis in the South-Sea, and commended them as men of valour. We heard that part of his Discourse with very much coldness, and told him we came on no such design as those men did, but had Authority for what we undertook. We treated him civilly, gave him a Hat lac'd with Gold, and some Toys: and so he parted, promising in a little time to come again; which he accordingly did, and brought Don Pedro, another of their Princes or Captains, with him. Capt. Andreas was freer with us than at first, plainly own'd that he took us for Buccaneers, and complain'd that some English-men of that sort had after great pretences of Friendship, carried off some of their People; and therefore Don Pedro would not come aboard us till he had further assurance of us.

Capt. Andreas is a person of a small stature; he affects the Spanish Gravity, as having been often among them at the Mines of Santa Maria, Panama, &c. and formerly had a Commission under them as a Captain, upon which he values himself above others: The French hate him mortally, because of something he did against some of their Nation formerly. When he came on board us, he had a sort of a Coat of red loose Stuff, an old Hat, a pair of Drawers, [Page 76] but no Stockings nor Shoes; and the rest that came with him were all naked, excepting their Penis, which was covered by Extinguishers, as formerly mention'd.

Upon further communing, Capt. Andreas was very well pleas'd with us, offered us what part of the Country we would chuse, and accepted a Commission from us; and at the same time we gave him a Basket-hilted Sword, and a pair of Pistols: upon which he promised to defend us to the last of his Blood.

Some of the Princes on this side the Isthmus had been in peace with the Spaniards for several years, and suffered a few of them to reside amongst them, to give notice to Panama of what Ships came upon these Coasts; but upon some fresh disgust, about two months before we arriv'd, Capt. Ambrosio, who is the most noted Prince amongst 'em, had oblig'd them to enter into a common Alliance against Spain, and cut off ten Spaniards, who liv'd upon Golden Island.

The Place where we are setled is 4 Miles East of Golden Island, within a great Bay. We have an excellent Harbor, surrounded with high Mountains, capable of holding a thousand Sail land-lock'd, and safe from all Winds and Tempests. The Mouth of the Harbor is about random Cannon-shot over, form'd by a Peninsula on the one side, and a point of Land on the other. In the middle of the Entrance there is a Rock three foot above water, upon which the Sea breaks most terribly when the Wind blows [Page 77] hard; and within the Points there is a small Rock that lies a little under water. On both sides these Rocks there's a very good wide Channel for Ships to come in: that on the South-side is three Cables long, and seven Fathom deep; and that on the North two Cables long. From the two outermost points the Harbour runs away East a Mile and an half; and near the middle, on the right hand, a point of Land shoots out into the Bay: so that by raising Forts on the said Point, on the Rock in the middle of the Entrance, and the two outermost Points, it will be the strongest Harbor, both by Art and Nature, that's in the known World. The Bay within is for the most part 6 Fathom Water, and till you come within a Cable's length of the Shoar, three Fathom and an half: So that a Key may be built, to which great Ships may lay their Sides, and unload. The Peninsula lies on the left hand, is a mile and an half in length, very steep, and high towards the Sea: so that it would be very difficult for any body to land, till you come to the Isthmus, where there's a small sandy Bay that little Ships may put into, but is easy to be secured by a Ditch and a Fort. There are several little Rivers of very good Water that fall into the Bay; and it abounds so with excellent Fish, that we can with ease take more than it's possible for us to destroy, having sometimes caught 140 at a draught: amonst others there be Tortoises, which are excellent Meat, and some of them above 600 weight.

[Page 78]

The Peninsula was never inhabited, and is cover'd all over with Trees of various sorts, as stately Cedars, Brasil-wood, Lignum Vitæ, Box-wood, Fustick-wood, Yellow Sanders, Manshinel, &c. and the like sorts, besides others whose names we know not, grow on the Continent; and we doubt not of finding out the Nicaragua Wood: we have found Cabbage Trees, the Fruit of which eats like Collyflowers. The Natives have no Plantation within two Miles of us.

We have a Watch-Tower upon an high Hill adjoining to our Plantation, about a mile South of the Bay; from whence we can see the Ships in the Bay, the Fort we have raised on the Mouth of the Bay, and as far as the Mouth of the River Darien: We can see above thirty Miles Southward, and have a fine Prospect of Golden Island, and the Isle of Pines, Westward towards Portobello, and Northward towards Jamaica. The Hill is about a Mile in height; so that we can see any Ships before they come within some Leagues of the Harbor. We compute our selves to be about 50 Leagues North of Carthagena, and as much South of Portobello. The 4 Indian Kings or Captains on this Coast visit us frequently in their Canoes; and the Natives are very kind to us, and sell us Plantains, Fowls, &c. for Toys or old Shifts. A French-man who hath married one of the Natives, informs us that the Spaniards have Silver and Gold Mines on the Isthmus, which we [Page 79] might make our selves Masters of with a 100 Men; so that if they commit Hostilities upon us, as we hear they threaten to do, it's not unlikely that we may visit them. We found some French Refugees in the Country, who are willing to settle under us; and having been several years in these Parts, and understanding the Language of the Natives, are very useful to us. We have seen some Sand in the Rivers, which looks as if it were mixt with Gold, and in some places the Earth seems to be very much mixt with it: so that it's concluded there's more Gold-dust here, than in any part of Guinea.

The Indian Princes or Captains on this Coast do somewhat resemble our Heads of Clans in Scotland; and by their Converse at times with the Spaniards, and other European Nations, affect Christian Names. The first of these Princes we shall name is Capt. Diego; he commands from the bottom of the Gulph of Uraba Orba (sic) on this side Caret Bay, and has 3000 men under him; he has been at war with the Spaniards several years, occasion'd by an Insult his People had receiv'd from them, when they came to demand their share in the Mines which they had discover'd to the Spaniards in their Country, on condition of being Partners with them: but when they came to demand it, the Spaniards treated them villanously, beat and abus'd them; upon which they attack'd the Spaniards, cut off 20 of their men, and 3 Priests that belong'd to the Mines.

[Page 80]

The next is Capt. Pousigo. He is an Indian Clergy-man, and Brother in-law to Capt. Andreas. The Peninsula that we possess, lies betwixt his Territory and that of Capt. Andreas, who together with his Brother, commands from Golden Island to the River Pinas. Their Command is greater than that of Pousigo, but not so great as that of Diego. These Princes are very useful to us, because of their Neighbourhood and Consanguinity to one another.

Capt. Ambrosio commands from the River Pinas to the Samballoes: He is a man of about 60 years of age, but strong and vigorous, well limb'd, and of a stern Countenance: he is a mortal Enemy to the Spaniards, with whom he hath had a long War: he is esteemed the bravest of all the Indian Captains. His Son-in-law Don Pedro having been taken by the Spaniards, and kept by them as a Slave at Panama, he can never forget nor forgive it them: This young man is a great Friend to the French, who they are made to believe design to come and settle among them. Ambrosio and his Son-in-law prest us much to come and settle in their Dominions, and join with them to make war on the Spaniards: We gave them fair Words, and promis'd to come and view their Coasts, which we accordingly did; and in our way thither, four Leagues Westward of our Settlement, we found an excellent Harbour, capable of 10000 Sail; but it can't be defended without many Forts: Here the Privateers us'd [Page 81] to come and careen. Capt. Ambrosio's House lies about a League from the Water-side, on the Bank of a River, having 12 lesser Houses about it: When we drew near it, he advanced 50 Paces to meet us, being attended by 20 men in white loose Frocks with Fringes round the bottom, and arm'd with Lances: He saluted us kindly, and gave us a Calabash of Liquor almost like Lambs-wool, made of Indian Corn and Potatoes. His House is 90 foot long, 35 broad, and 30 in height, curiously thatch'd with Palmetto Royal, and over that Cottonleaves. The Floor is of firm Earth like Tarras, very smooth and clean. The sides are compos'd of large Canes, as thick as a Man's Leg. In this House live Ambrosio and his Sonin-law Don Pedro, with both their Families, consisting of about 40 Persons. We saw Ambrosio's Grandmother there, who is 120 years old, and yet was very active in getting things ready for our Intertainment. She has 6 Generations descended from her now in the House with her. The People live here to 150 and 160 years of age; but those that converse much with Europeans, and drink strong drink, don't live so long.

From the Samballoes to the River of Conception, the Country is commanded by one Corbet, who is altogether in the French Interest, he having contracted a Friendship with their Privateers 7 years ago, and done them many good Offices. They promised to reward him if he [Page 82] would go to Petit Guavus, and in his way thither he was taken by an English Privateer and carried to Jamaica, whence the Governor of Petit Guavus got him releas'd. He was with Pointi at the taking of Cartagena, and has a Commission from the French to be General of all the French and Indian Forces on that Coast, and to take, sink, and destroy Spaniards or any other Enemies. Yet the French themselves, and the sensible part of the Indians, don't put any confidence in him; and Ambrosio who is the bravest of all those Indian Captains, keeps him in awe and within bounds.

Next to Corbet, there's another of their Captains call'd Nicola, who is said to be a wise, brave and good-natur'd Prince, insomuch that the Indians had a mind to have set him up instead of Ambrosio, who is of a rugged military temper: But Ambrosio's Authority and Power is so great, that they did not find it practicable. Nicola is a mortal Enemy to the Spaniards, and can never entertain a good thought of them, since the Governour of Porto Bello robb'd him of a curious Fusee that had been presented him by some of the Buccaneers; and being out of order, he sent it thither to be mended; upon which the Governour taking a liking to it, kept it to himself, and sent Nicola another sorry piece instead of it.

Since we came hither, there have been an English, a Dutch, and a French Ship in our Bay. The English Ship was Capt. Long in the Rupert [Page 83] Prize; he had been in the Gulf of Uraba Orba (sic) , but he himself and his Men own'd, that they had not then been ashore there. He hath some way or other disoblig'd the Captains Ambrosio and Diego. Tho we treated him with all possible Civility, yet we are since inform'd that he hath been a days Journy into the Gulf, and endeavour'd to incense the Indians against us, telling them that we were Privateers, and that the King of England would not protect us. He left some Men in the Bay, who have since kill'd some Spaniards, and came to us for Arms and Ammunition, but we told them we could not grant them any, and that they had done what they could not justify. We gave them however what was necessary for sitting up a Boat; and as a Reward, they intic'd away the Carpenter and Mate of one of our Ships call'd the Unicorn.

The Dutch Ship that came hither was afraid of the Spanish Barlavento Fleet, and put in here for protection, that Fleet having made Prize of another Dutch Ship of 32 Guns, and of two English Sloops for trading on those Coasts.

The French Ship that put in here, was that which was order'd to carry back the Churchplate, &c. to Carthagena, did afterwards bulge on a Rock, and was cast away in our Harbour. We sav'd all their lives, and Capt. Pennicook Pincarton (sic) our Commodore endanger'd his own life to save that of the French Captain. He inform'd us that the French had four Men of War of 50 Guns each, who thinking we had a Design on the [Page 84] River Mississipi, were gone to the Gulph of Mexico in quest of us. The French have been very industrious in cultivating their Interest, both with the Natives and Spaniards in this part of America, and doubt not of having a good share in those Countries after the King of Spain's Death. They have got a great Interest with Capt. Ambrosio by means of his Son-in-law Don Pedro, whom they caress extreamly, and design'd to have carried him to Petit Guavus, and from thence into France, to acquaint the French King with the favourable Sentiments the Indians have entertain'd of the French, and of their design to surrender themselves to his Majesty.

This has been projected by the French a long time, but the King of Spain's Indisposition, and their Pretensions to that Crown, made them refer it; and there's no doubt but our Settlement will quicken those Resolutions. Capt. Andreas, Capt. Pedro his Brother, Capt. Diego, and Capt. Pousigo our Neighbours, have no manner of correspondence with the French. The latter hath acquainted us that there are several Gold Mines within two Miles of our Settlement which he hath promis'd to shew us; and he hath actually let us see several Samples of fine Gold.

This being the Substance of several Journals that were sent from our Colony in Darien upon their first Settlement there, we hope it's sufficient of it self to satisfy our Neighbours in England of the Justice of our Cause, of the equity of [Page 85] our Proceedings, of the true Reason why the French are so much our Enemies in this matter, of the greatness of the Providence that has put us in possession of that Post, and that it is England's Interest to join with and protect us, by which the Designs of the French against Europe in general, and Great Britain in particular, may be defeated, and the English West India Trade secur'd. But since by the Proclamations beforementioned, which treat us as Rebels and Pirats in America, for what we have done according to Act of Parliament in Scotland, our Ships may be in danger of being attack'd by other Nations as Pirates, and our Colony discountenanc'd and oppos'd on that account by the Natives; there's no reason that our Neighbours should think strange if we complain of that unkind usage, and endeavour to lay before them what may probably be the Consequences of such Proceedings, without being construed either to threaten or to wish that any such things should happen: It being evident that by offering to admit the English as Joint-sharers in our Trade, we entertain no Sentiments but what are friendly towards that Nation, being satisfied that all those who wish well to the Protestant Religion and true Liberty, are Enemies to any thing that may occasion a breach of the Union and good understanding betwixt us. Yet is must be own'd that we have but too great reason to complain of the Hardships we suffer by the Union of the Crowns, which it is in the power of Eng [Page 86] land to remedy, by complying with the gracious Proposals of uniting the Nations, repeated in Parliament by his Majesty, who like a true Father of his Country, has expos'd himself to the greatest of dangers to procure the Welfare and Peace of his Subjects, by which he has made an absolute Conquest of the Hearts of all good men, who are unanimous to join in the like Prayer for him, that the Israelites of old put up for their Kings, viz. That he may live for ever.

FINIS.

THE Present State OF JACOBITISM IN England, &c.

THat the Past and Present State of Jacobitism in England, was and is a State of Vexation and Trouble, Suffering and Affliction, is sensibly felt by all those who sustain that Denomination, notoriously evident to the whole Nation, and own'd in particular by this Author, and some others, who make that Consideration one Argument to induce them to take the Oaths, that thereby they may exempt themselves from that Suffering Condition under which they have lain for so many Years.

In this Case, no Man nor Party of Men, need any Eloquence to persuade the World, that they Act with the great [Page 2] est clearness and Sincerity, if they are heartily desirous to have their Sufferings commiserated, their Burdens lightned, the Rigors against them moderated and qualified; For altho' we are taught in the School of Religion, that Afflictions have their Benefit, that Adversity, if rightly used, may turn to better Account than Prosperity; altho' the Doctrine of Providence obliges us to submit with Patience, Contentedness and Cheerfulness. Altho' they are always just on God's part, always permitted or inflicted for wise and good Ends, and which therefore should inspire us with Humility and Meekness, with Repentance towards God, with Charity and Forgiveness towards Men; nevertheless Sufferings not being natural, but accidental to Religion, introduc'd from the Corruption of Humane Nature, by way of Discipline and Correction, We are allow'd by the Divine Goodness, and in some measure are bound (with fit Restrictions and Limitations) to pray for a removal of them from God's hand, and from any others who may be instrumental either to our Afflictions, or Relief, and if we can find any Alleviation and Abatement, We have a new Opportunity of exercising another Act of Religion, of praising God, and being thankful to Men.

If therefore any Charitable hand, will either help us to mend our Circumstances, or contribute to afford us such degrees of Ease and Quiet, as we may wear out the Remainder of our days, under the Burden only of Primative Calamities, in being depriv'd of those Comforts and Supports, which We heretofore did, and others do now enjoy, without the Addition and Augmentation of positive ones. We shall think our selves highly oblig'd both to pray for them, and also to make the best Expressions of Gratitude We are able, suitable to the measures of Tenderness exercised towards us: And even without any of these We hope we shall never be wanting to exercise that Christian Duty of Charity, as to pray for them, that God will always afford [Page 3] them that Mercy and Compassion, which we want our selves, and cannot obtain from them.

[Note: Pref.] This Author indeed tells us, that his Pamphlet contains a kind Invitation to Us, and if it does, it ought to be as kindly receiv'd by us; But if instead of an Invitation, it be only a Summons to surrender by a time perfix'd, or else to expect Military Execution, 'tis a Kindness with the utmost degree of unkindness in the Belly of it; If a Friend of our Author's should invite him to his House, and tell him he should be very welcom; but tell him withal, that if he did not come, he would certainly cut his Throat, or (which is all one) would instigate others to do it, who were more able. I suppose our Author would think the kind Invitation a little roughly manag'd, and would desire him hereafter to keep his Kindness to himself. This is the very Case, For he adds in the same Preface. ‘If they shall make an ill use of it’, that is, if they do not forthwith what he advises, ‘then they will be more inexcusable, and the Nation will be blameless, if a Law shall ever be promoted to exclude them absolutely from the Benefit or Protection of the Government’; That is, if they are totally divested of all the Rights and Liberties of Englishmen, made Outlaws for ever, and expos'd to be knock'd on the Head, by every man who hath a mind to it. This is an Invitation after the Method of France; the French King kindly invited his Protestant Subjects to become Proselytes, and order'd the writing of several Books to perswade them; but when they declin'd Compliance, he back'd his Invitation with Dragoons and the Gally's.

A man had need be very sure of his Reasons, and of the Sincerity Sinceriry (sic) of his Kindness too, who makes the consequence of Refusal so terrible. And I am confident that nothing in the World can justify such measures of Proceeding, but the plainest Proofs and clearest Evidence of Truth and Reason, the highest Wisdom and Judgment in managing them, together with a hearty and upright Regard to the Welfare of [Page 4] the Persons concern'd, and where any of these are wanting, the Proposal is all over bloody, and an implacable Thirst after the Destruction of other Men. Almighty God indeed commands Men to accept of His Invitations upon pain of Death, but then as we are absolutely his, so His infinite Goodness and Wisdom warrant the Severity of His Cominations; His Omniscience discerns all the degrees of Stubborness and Contumacy; and yet after all, after manifold Tryals of Lenity and Forbearance, he smites only the absolutely incorrigible. But for daring Mortals, who have neither Wisdom to see their own Errors, nor those of other Men, much less to distinguish between Mistake and Malice, to set up a few weak and trifling Reasons, and then command all Men to submit to them upon pain of Destruction, argues equal Arrogance towards God, as Cruelty towards Men.

Why should this Author be so conceited of his own Reasons, as to think that the not being convinc'd by them, argues the utmost degree of Incorrigibleness? Or if he thought so well of them himself, Why should he think that we must do so too? And if they are not as Clear and Convictive to us, as (perhaps) he thinks they are to him, 'tis impossible that, upon that Account, we should be left inexcusable. Men Reason different ways, and see things by different Lights, according to differing Methods of Education, Studies, and even Temper and Constitution, and 'tis a Monstrous Disproportion of Punishment, that we must be Undone and Perish, because we have not Heads of the same make with the Author. He pretends indeed, to Reason with us upon our own Principles, but then either he does not know them, and that in him is culpable Ignorance, or he conceals them, and that is more culpable Hypocrisie.

Is it not enough, that we have bore the Burthen of Calamity for Thirteen Years together? Will no Time nor Sufferings asswage that Bitterness of Spirit? But that it [Page 5] still pursues us through a long Series of Adversity, even to a Period of final Destruction, and Extirpating of us Root and Branch? 'Tis matter of Wonder and Astonishment, that there are Men, who call themselves Christians, the followers of the Merciful Jesus, who after the several Stages of Affliction that their Brethren have Travelled in, are still, for the very same thing, calling out for new Methods of Vengeance, and irritating the Government to accumulate Sorrow upon Sorrow, to add one Weight to another, till they are Press'd to Death.

Poverty and Meaness, which is a Safeguard to all Men else, must, it seems, be no Security to us; we hoped that when we had parted with all for our Consciences, we had stood out of the way of Envy, Innocence guarded with Indigence, is doubly Fortify'd. We have seen mighty Offenders, who, by quitting their Posts, have Satisfy'd the Cries of Justice, and they permitted to Enjoy the Spoils, without Reproof, and without Molestation. But our withdrawing must stop no Prosecution, and altho' it hath left us nothing, yet that Nothing must be as keenly pursued as if we had the Wealth of the Nation to Account for, our very Rags are Criminal, and when we are Stript to the Skin, our Nakedness must be Scourg'd, and like Weather Glasses, the Lower we fall, the Higher the Storms arise.

This Author tells us, ‘'Tis hoped none will be so weak as to suppose it’ (his Inviting Pamphlet) ‘proceeds from any Apprehension of their Party, or Interest in the World’. [Note: Pref.] And he is much in the right, neither he, nor any other are so weak as to be Apprehensive of our Party or Interest. But then, What makes them so free with their Threatnings? What makes them perpetually instigating the Powers of the Land to load us with New and more Dreadful Pressures? Is it a Reason to be Disfranchis'd, to make our very Beings Criminal, and Penal, and to lay us under the utmost Terrors [Page 6] of Law: because no Body is so weak as to be Apprehensive of Us or our Interest? All Mankind are agreed, that nothing can warrant the Extremest Rigors and Severities, but as Extreme Necessity; and Penal Laws, especially of a high Nature, were always forc'd from Wise and Good Governments, but never their Choice. But our Author puts this out of the Case; For if he hopes no Body will be so weak as to be Apprehensive of Us, 'tis plain that he himself is not so weak; And yet, at the same time, turns us over to the most Dismal Penalties he can think on: 'Tis not necessary (by his own Confession) that we should be Destroy'd, but we must be Destroy'd however. If this be not, What is it to be Cruel for Cruelty's sake? To subject us to the most rigorous Severities, not only without absolute Necessity, but for no end in the World; Neither God, nor Good Men, nor Good Laws, did ever Punish for the sake of Punishment. And if there be no Necessity, 'tis mere Wantonness; and at length our Author's distinguishing Kindness ends in this, that, like some of the primitive Christians, we must be expos'd to the Lions, merely for Sport.

He further tells us, ‘That had we liv'd under the Despotick Government of Lewis XIV. we should have found before now, if we had been so fond of our old Master, we should have gone to him, there would have been no living for us. We would have had a time set, to comply or depart the Kingdom, we would have had no Benefit of the Law to recover our Right, but have been oblig'd to do every man Right, and bear every Wrong.’ [Note: Pag. 15.] These are indeed severe things in themselves, and no doubt would be so in France or any where else. But it seems they are the very same that our Author hath provided for us here in England, We need not cross the Seas, to save that labour, he hath transplanted them into our own Soil; for all these frightful Cruelties expatiated on with so much Rhetorick, are but his own Terms in other [Page 7] Words, and this is only a French Paraphrase of his own English Proposal. ‘The Nation will be blameless, if a Law shall ever be promoted to exclude them absolutely from either the Benefit, or Protection of the Government.’ That is in the French Dialect. We should have no Benefit of the Law to recover our Right, but be oblig'd to do every man right, and bear every Wrong. And that is again in plain English: To be excluded absolutely from either the Benefit, or Protection of the Government. Now if this be the Case, what is the difference between a Despotick Government, and a Government founded upon Law? What is the difference between an Arbitrary and Cruel Administration, and a mild and merciful One? If in each Government the Treatment of Persons under their Power must be the very same to all Intents and Purposes? If Men in the same Circumstances, and for the same Reasons must equally be put out of the Protection of the Law, must have no Right, and bear all Wrong. In vain do we talk of English Liberties; if we must go to France for Presidents of Penalties, and take Patterns for Imitation from the most arbitrary Government in Christendom. I take it for granted that our Author's flourish upon Lewis XIV. was never design'd as a Panegyrick on the goodness of his Government; but it is the Copy he hath set himself, and he would have it exercis'd upon us. This sure is no inviting Character to recommend his Proposal to Englishmen; And the sanguinary Methods of France are no such tempting Things to invite our Nation to transcribe from them. And he will have much to do to perswade them, that what is Savage and Barbarous in a Papist, so soon as it is translated into Protestant hands, immediately commences Mildness, Good Nature, and extraordinary Charity.

The Nature and Constitution of the English Government is quite of another Temper, there is no room for [Page 8] furious and arbitrary Will to ravage and depopulate at pleasure, but the exercises of Authority are confin'd within the Bounds of Law, and those very mild and merciful Laws too, and, next to the Laws of God, there are none in the World more compassionate than our own; They will not suffer a Butcher to be a Juryman in Cases of Life and Death, lest his Trade in Blood should harden his Constitution, wear out the Compassion of an Englishman, and warp him towards Cruelty. But the Equity of them never appears more than in proportioning Punishments, not only to the Nature and Quality of the Offence, but to the Condition and Circumstances of the Offender. This is the express Provision of Magna Charta. [Note: Chap. 14.] ‘A Freeman shall not be amerc'd for a small Fault, but after the quantity of the Fault, and for a great Fault after the manner thereof, saving to him his Contenement or Freehold. And a Merchant saving his Merchandize. And a Villain saving his Wainage. A Peer shall be amerc'd by his Peers, and after the quantity of his Trespass. No man of the Church shall be amerc'd after the rate of his Spiritual Benefice, but after his lay Tenement, and after the Quantity of his Trespass.’ Here is Justice indeed, but exceedingly temper'd with Mercy, and the Law in assigning Punishments hath a double Aspect, one upon the Quantity of the Offence, as never to exceed that, of what Abilities soever the Offenders are, the other on the State and Capacity of the Offender, to lower and sink them to the proportion of his Abilities. The Equity of this extends to all parallel Cases: So that Predatory Punishments (in Cases not Capital) that devour a Man and his Family, and which exceed either the nature of the Crime, or the measure of Men's Abilities, seem directly repugnant to the old Standards of Justice and the fundamental Rights of Englishmen. Now upon this general View, We may easily estimate whether our Author's Proposal, be suitable to the Methods of our [Page 9] Ancestors, and to the Temper and Mildness of the English Constitution: To be Excluded ABSOLUTELY from the Benefit and Protection of Law, is but all Punishments in short: A compendious Summary of all possible Severities, 'tis not only to be divested of all Property, but of Freemen to be made Slaves, and that not to one Lord, but to every man in the Nation, to be obnoxious to all the Penalties the Law can inflict, and to all too that can be inflicted without Law, that is, 'tis as many several Penalties, as arbitrary Malice, or wanton Cruelty can invent. 'Tis AElig;lia Lælia Crispis, neither Treason, nor Murder, nor Felony, nor Misdemeanor, nor Trespass, but All. Neither Fine, nor Imprisonment, nor Confiscation, nor Banishment, nor Premunire, nor Hanging, but All. And now is there any need to ask, whether such a Hydra of Miseries [with a thousand Heads, and every Head as many Stings] be an adequate and equal Punishment, for no actual Attempt against the Government or Laws, no Violation of any one Man's Rights? The Case in question is neither more, nor less than a pure and single Negative, the not taking the Oath. This is intirely to destroy the Ballance of Justice, and there is no need of Scales, where every Offence is equally ponderous and comes up to the utmost Standard. The nature of Crimes is confounded, and there is no distinction between small and great, (that is in point of Punishment, where especially there is most need of Distinction) Omissions and Commissions are in the same Predicament, and Justice is blind on the wrong side, instead of having no respect to PERSONS, hath none to Causes, but with an undistinguishing and unrelenting hand, promiscuously scatters Vengeance upon all alike: Upon this foot let every English Man hear the Equity of this Proposal, That without any Compassionate savings, without any regard to the Weight, Quantity, Manner of the Offence; Peers, Freemen, Merchants, Churchmen together with [Page 10] their Peerage, Freeholds, Merchandize, Ecclesiastical, and Lay Tenements must for ever for one poor Negative, be indiscriminately swept away with Destruction, and expos'd to the utmost Rigors, a Nation can inflict, or Men can bear.

If it be said that this Negative, contains something Positive, and implyes Malice and Enmity against the Government. I answer, this is their Construction, not ours; Why may it not imply as well tenderness of Mind, and Conscience towards God? Or why may it not imply a disability to wind our selves out of our former Principles? Charity would think one of these. However the Law knows no Constructive no more than it does Accumulative Treasons, nor Punishes Men by Implications and Inferences, but from plain and evident matter of Fact. 'Tis hard that they will Judge of our Thoughts, but 'tis harder yet to fasten an Arbitrary sense of them, and then to Punish that Sense of their own Imposing, which is to punish not our Thoughts, but their own, nay 'tis to punish us for their Thoughts. 'Tis certain no Man can know our Thoughts till we our selves Manifest them by some Overt Acts, by which, and by which only the Law judges; for altho' the Heart is the Traytor, and so it is the Thief and the Murderer too, yet that which makes the Treason, or Felony fall under the Cognizance of Law, and become the Object of Humane Justice, is when the Enmity within is declar'd by Overt Acts, that is, not every Act, but such only as in the Eye of the Law, are fully, plainly and evidently declarative of it. Exorbitant Stretches, especially in Penal Cases, have always been condemn'd by Men of Equity and Temper, but never more than in this Reign; which (We are told) is a Reign of Liberty, founded upon the People's Rights, and that now their Liberties, are not only preserv'd intire to them, but much enlarg'd; and an Englishman who was always free, is now freer than ever before. And certainly Freedom and fundamental Rights, are not ambulatory and moveable, to serve only to make Complaints with when [Page 11] Men are out of Power, or hardly used themselves, but are fix'd and rivited in the Constitution, and from thence (like Vital Spirits) are dispers'd to all parts and Branches of the Body Politick. And if there be such a thing as Liberty, 'tis certainly general and common to all, and not enclos'd by any Body, or Party of Men whatsoever.

Without looking into the Conduct of other Nations in such Cases, We have in our own Examples perhaps of as many Revolutions, as any other Kingdom in the whole World. Since the Conquest (where our Histories run the clearest) We have had many instances of the Great Turns of State, of the Rise and Fall of several Parties and Interests; And particularly in the days of King Stephen, Edward 2. the Two Richards, the long and bloody Contests, between the two Houses of York and Lancaster, and in the days of K. Charles 1st. And indeed it must be confess'd, that upon the various strugglings for the Government, under differing Claims and Pretences, much English Blood hath been spilt, many Brave and Gallant Men destroy'd, many Noble and Honourable Families for ever extinguish'd. But if this be narrowly look'd into, it will appear in all the respective Times, That this was mostly in the Field, Flagrante Bello, and in the Heat of Blood; And I think I may truly say, only and peculiarly with respect to it. For so soon as the Sword of War was sheathed, whatever Party had the better, those few Attainders that were made afterwards deliberately and by Law, were only of Military Men, who actually fought with, and oppos'd with their Lives and Fortunes the Claims and Pretences of the Prevailing Party, and not the thousandth part of them neither, and much less of any others: And of this, besides several others, We have a mighty Instance in the Reign of Henry 4th. which was a Reign of Pardons, and particularly the Generous Pardon he gave to Bishop Merks, after his Tryal and Condemnation at the [Page 12] Old Baily, who had so openly and freely oppos'd him, and his Claim in Parliament. And I believe there is not one single Instance in all our Histories, under all the various Concussions of State, that the Storms of the respective Revolutions ever fell upon one single Man, who had not been in Arms, however he might, in Opinion and Judgment, be thought a Favourer of the other side. And even these Severities, were thought by Henry the 7th and his Parliament, so harsh and cruel, so contrary to Reason and Humanity, against all Laws, Reason and good Conscience, as the Act expresses it, That they did all that Men and Law could do, to put a final End to it, That such Proceedings and Practises might never more be seen in the English Nation. This is that famous Statute (11 Hen. 7. Ch. 1.) which expresly provides, ‘That from henceforth no manner of Person or Persons that attend’ (the King for the time being in his Wars, or act by Commission from Him) ‘be in no wise Convict or Attaint of High Treason, ne of other Offences for that Cause by Act of Parliament, or by any Process of Law, whereby any of them shall forfeit Life, Lands, Tenements, Rents, Possessions, Hereditaments, Goods, Chattels Catals (sic) , or any other Things, but be utterly discharg'd of any Vexation, Trouble or Loss. And if any Act or Acts, or other Process of Law hereafter happen to be made contrary to this Ordinance, that then that Act or Acts, or other Process of Law whatsoever stand and be utterly void’. This is certainly the utmost Provision of Law, and 'tis impossible that any stronger can be made by Men. And whatever other Construction may be made of this Statute, 'tis evident that hereby all violent Excesses of Revolutions are not only restrain'd, but perfectly taken away, that however it may happen in the Field and in the Heat of War, yet that no after Ravages should be committed, and Men should not be destroy'd by Law, who had escaped the Sword. I need not reflect how suitable this Law is to the mutable Estate [Page 13] of Mankind, and the Vicissitudes that constantly accompany all Humane Affairs; And that the contrary Practise in the foregoing Revolutions, was nothing else but a Seedplot of Destruction, making Sorrowful Precedents of Revenge, which, upon every turn of State, was sure to be follow'd Home, and retalliated with Interest. But, it is very remarkable, that when K. Henry was the Regnant Power, and in Possession of the Laws, instead of sharpning the Edge of the Laws in being, or contriving new ones to Impeach, or Detect his Adversaries, he should take the direct contrary Course, and provide by the strongest Law he could make, that none of his own Followers, and Adherents shou'd be Impeach'd, or suffer by any Course of Law, for assisting him: And, the Circumstance of Time makes this yet more Remarkable. When the Dutchess of Burgundy (an Implacable Enemy to him, and his Family) was from Abroad, setting on foot all possible ways to disturb his Peace, when there were Spurious and Supposititious Titles set up against him, and, when he knew the Favourers of the other House at Home were neither few, nor Inconsiderable, in this very Juncture; and in the flagrancy of Perkin Warbeck's Pretensions, and Motions, instead of sending a Scrutiny throughout the Land, instead of framing Tests to discover Mens Intentions, and try how they stood affected; he takes especial Care to put an Everlasting Period to the Bloody Methods of former Revolutions, and that his Followers might be Indemnified from all Attainders, Convictions, or Forfeitures for adhering to him, and Serving him in his Wars. This Wise King, (and a Wiser perhaps never sat on the English Throne) no doubt, did what he esteem'd best for his own Security, and he thought this Method tended more to his Establishment, than all the Sanguinary Proceedings, and Inquisitions in the World. And, his Wisdom did not fail him in this, no more than it had done in other great [Page 14] Instances, for, hereby he became an easy Master of his Enemies, Reign'd gloriously himself, and transmitted a clear and uncontested Crown to his Posterity, and who reign'd for the most part in Peace, and without any considerable Interruption for five Generations, till in the Reign of the Sixth there arose a Sort of Men, whom neither this Law, nor the Law of God, nor all Obligations Divine and Humane could hold from laying violent hands on, not only the Followers and Adherents, but the sacred Person of the King Himself.

And this is the next Period of Revolutions in this Nation, and which indeed was of a Dire Complexion, more Tragick and ghastly than any that went before, and yet more mild and merciful, than our Author's kind Proposal. The Reign of the Covenant was Fierce and Cruel, turn'd out all that wou'd not swallow it; but then there it left them, its Rage was satisfy'd with their Places and Preferments, without further Pursuit of their Persons, An Englishman might be a Non-Covenanter, and yet an Englishman still, the Laws were as open, all other Priviledges as free to him, as to the most Zealous Covenanters; And so soon as he was thrust out of his Office, he knew and felt the worst of it. And altho' the Military Executions were very bloody and Cruel, altho' the Violences upon particular Men were very Inhumane and Bruitish, altho' the Compositions for Delinquency (the then stile of Loyalty) were very exorbitant, yet all this notwithstanding there is nothing during that whole Interval of Perfidy and Treason, of Fury and Violence, that can match the Dimensions of our Author. For even in the heat of War their Sequestrations had Savings, and there was a Reservation of a fifth Part of the Estate for the Maintenance of the Wife and Children; And afterwards when they became Masters of the Field, and of the whole Kingdom, they forc'd the Royalists, who had bore Arms against them to hard Com [Page 15] positions, and at length disabled them from holding any Office of Trust, and from giving their Voices for Election of any Person into such Office, which, tho' very hard and unequal, tho' it was a very Intemperate and Unchristian use of their Prosperity, was notwithstanding far more moderate than the Treatment our Author prescribes, for when they had pass'd their Compositions, the Remainder of their Estates, and themselves were free, and a disability to bear Office or chuse Officers, did not disable them from any other Benefit or Protection of the Law, but bating these particular Exceptions and Limitations, all other Advantages of the Law were left open and intire to them. This was the Case during the whole Reign of the Covenant and Directory, These Men had forc'd themselves into the Possession of the Laws, and the intire Power of the Nation, they had their Adversaries in their hands, and intirely at their Disposal, they knew their Sentiments and Opinions, their steddy and immoveable Loyalty, had felt the Force of their Arms in that Cause. Yet in these Circumstances these Men (not the most merciful in the World) thought something else became them than to annihilate their Adversaries; and root out their Name and Memory from the face of the Land. The Conclusion from hence is, That if their Mercies were cruel (as indeed they were) yet in comparison of our Author's, they are Mercies indeed, and must be so accounted.

'Tis true, when they had arriv'd to the highest pitch of Villany, when they had murder'd the King, and harden'd themselves with Royal Blood, then, and not till then, they came up to the size of our Author; for then an Engagement was fram'd, with our Author's own Penalty upon the refusal to subscribe it, and 'tis probable he transcrib'd it from thence; for there is no other Instance of any such Proceeding, or any thing like it, throughout the whole English History. But this sure is no Inviting [Page 16] Precedent; the unparallell'd Impiety of that Act, will surely reflect everlasting Infamy on the Persons and Example of the Actors; and let it for ever be remember'd, that the Authors of the Engagement, and of the Act for the Tryal and Murder of K. Charles the First, were the same Persons; and then let every Englishman try his Constitution, whether it be fit to write after the Copy of the most Bloody and Barbarous Sett of Men that ever yet appear'd on the English Stage. And yet even this will admit of Mitigation and Abatement; For how terrible and severe soever it was in the Enacting, yet the Execution, either never at all; or very rarely came up to it. The Presbyterians cry'd loudly against it, both wrote and preach'd against it, with all the Earnestness and Violence they were able, and doom'd the Subscribers to the Pit of Hell; and yet as far as ever I could find, not one of them (nor perhaps any other) ever smarted under the Penalty of it. [Note: Whitlocks Mem. p. 428.]

However, upon the next Turn, when Oliver got the Reins in his hands, he totally abolish'd the Engagement, with all its hideous Train of Disabilities and Incapacities, and restor'd the Course of the Law indifferently to all Men; And the Preamble of this Ordinaance (sic) is remarkable; [Note: Scob. Collect. pt. 2. pag. 277.] ‘Whereas many General and Promissory Oaths and Engagements in former Times impos'd upon the People of this Nation, have prov'd Burthens and Snares to tender Consciences, and yet have been enacted, under several Penalties, Forfeitures and Losses; upon Consideration whereof, and out of a Tenderness of requiring such Obligations’, &c. And this he prov'd true to all his time, and this Ordinance was confirm'd 3 Years after by his Parliament. He knew the Persons and Tempers of the Royal Party as well, perhaps better than any man in the Nation; He knew their Principles, and Vertues, their steddy and unalterable Loyalty; He knew further they were irreconcilable Enemies to him and his [Page 17] Government; and yet notwithstanding during his whole time, there were no Insnaring Oaths, nor hampering Tests generally impos'd. And if this was done out of Tenderness, as he pretended, it had so far a Shew of Piety, as not to be instrumental to the prophaning and dishonouring the Name of God, by dreadful Menaces and Terrors to compel Men to forswear themselves; however, let it be for what End it would; let it be Magnanimity, Generosity, Policy, or any thing else, it was certainly better for them, and probably for himself too, that when he had them in his Power, he did not provoke them for the saving their Carcasses to damn their Souls by Perjury and Hypocrisie; nor yet to make their Refusal an inhumane Opportunity to revenge or enrich himself: He knew, as well as any man, how to dive into their most secret Contrivances and Councils, but his Methods for this were not by setting on foot, (nay he perfectly laid aside) a State Engine to rip up Men's Consciences, and make their inmost Thoughts the Objects of Punishment. The Act that was fram'd for the Security of his Person, and at that very time, when there were actual Endeavours both at home and abroad to unsettle him, as both the Histories of these Times, and the Preamble of the Act it self expresseth it ‘as well in foreign Parts beyond the Seas, as also within this Nation’; Yet the Security that he and his Parliament provided, was only against actual Attempts and Overt Acts; ‘Shall attempt, compass, or imagine the Death; and such Attempting, Compassing, or Imagining, shall declare by open Deed, or shall levy War, or Plot, Contrive, or Endeavour to stir up, and shall by open Deed declare such Endeavour’. This was all the Security he had, and (as far as appears) all that he requir'd, and the rest he left to his own Vigilance and Care; He knew by Experience, that forc'd Oaths were no Support of any Government in the world, it might ensnare their Consciences, [Page 18] but would prove no Security to him; Men's Fidelity arises from the Sense of their Duty, and where that is, an Oath is needless; where that is not, the Oath will always be esteem'd rash or sinful, and consequently, not obligatory, it may involve them in guilt, but can never bind them. And therefore he quitted this Method either as fruitless or noxious; there were no such things generally impos'd on the nation during his Government, and as far as I can find all the Publick Oaths were His to the Commonwealth, and the Members of his Parliament to him: and consequently that no man suffer'd as a Non-Juror in his time; and I may add none out of mere Disaffection or Enmity to him, but only for actual attempting against him; He kept up indeed their Disability for Places of Trust, but for other Advantages of Law, they were free to all, and no man excluded.

But there is one thing in his Reign, that I ought not to omit, which looks like Compassion and good Nature, but from what Root soever it sprang, it deserves to be taken Notice of; There were no Men in the World next to the King, and the Royal Family, that he hated more than the Orthodox Clergy of the Church of England, and he could not do otherwise, for their Principles were directly and irreconcileably opposite to him and his Government, and no Application could ever procure from him a Toleration for them, as he had granted to all other Protestants, of all Denominations. And in pursuance of this, he makes an Act to eject them from their Livings; and to be sure to have it done effectually, a Sett of Commissioners are appointed in every County, and impower'd to displace them; [Note: Scob. Coll. pt. 2. pag. 344] But then the Act contains this Proviso, ‘That in Case the Minister so displac'd, hath no other Temporal Estate sufficient to maintain his Wife and Children; then the said Commissioners shall allow unto the Wife and Children of such Minister, so ejected, for their Maintenance, [Page 19] a Proportion not exceeding the fifth Part of the Profits of such Benefice, and which the Commissioners are authoriz'd to cause to be paid; and in default from time to time to sequester the Profits for the Payment thereof, and all Charges in and about the same, during the Life of the ejected Minister’. And this was not a sudden Transport of good Nature, no such hasty Blast of Favour as immediately to cool, but a settl'd Resolution; For two Years after, this Ordinance was not only confirm'd by his Parliament; but a new Act was made, and which seems to be somewhat more advantageous to the depriv'd, viz. If the ejected Minister have not of real Estate 30l. per Annum, or 500l. of Personal Estate, then he is to be allow'd a Fifth Part during Life. So that it seems the Doctrine of Absolute Exclusion was a little too rigid for the hard Heart of Cromwell himself; He mortally hated the Loyal and Orthodox Clergy; he knew they never did, never could own him; and he depriv'd them indeed and turn'd them out, but then not only left them the Protection of the Law, but provided out of their Benefices a Proportion for their Subsistence.

To close up this, I crave leave to add a pertinent Story. When Bradshaw sat Judge at Chester, there came before him a Cause of Meum and Tuum, between a Creature of the Government and a Royalist; a mercenary Lawyer, thinking to prejudice the Royalist's Cause, begins to fall foul upon his Person, to represent him as a Delinquent and Malignant, an Enemy to the State and present Government, and one who had been in Arms for the late King. But Bradshaw soon stopt his Mouth, and upon that made a solemn Speech to the Auditory, importing how indecent it was to fall upon the Afflicted, how harsh and unseasonable to revive and bring into Men's Minds the Miseries of the late Troubles; That the Case before him was not Matter of State, but private Property; that he sat there not to judge of Men's Persons, or [Page 20] private Opinions, but Causes; and that for his part, he would endeavour to his Power to administer Justice equally and indifferently to all Persons. This I had from one of the Auditors: And if our Author please, let him review his kind Proposal, and see how he likes it, when it falls so far short of the Temper of the most insolent and bloody Regicide, that ever this, or perhaps any other Nation, hath bred.

Upon this short View of the Revolutions in our own Nation, 'tis easie to see how much some Men are mistaken in their Politicks, as well as Humanity, when they are so frequently crying out, If you do not own the Government, you ought to have no Protection; if you do not Swear, you are Inexcusable, and ought to be absolutely Excluded from the Benefit of the Law; if some Men had the handling of Thunder, the World would quickly be made thinner; but, Governours, as they are in high Posts, so they are high in Wisdom, and manage their Affairs, not by Passion, and little Sentiments, but by exact Measures, they know, that Lenity and Forbearance tend more to their Establishment, than Rigid, and Austere Methods; and this, as 'tis always true, so it hath moreover an addition of Justice, with respect to Revolutions, in Hurricanes, and Tempests of State; 'tis Impossible that all Mens Minds shou'd be settled, and 'tis Impracticable to attempt it. Governours have the Temptations of Honour and Profit of their Side, and, if that will not do, to be sure Force will not, which never yet gain'd any Man's Assent, tho' possibly, it may an outward, and Hypocritical Compliance; and, if the Government hath not a Man's Conscience, he hath not the Man, let him Swear never so much; and, if he be driven to it by Terror, and Compulsion, he is but so much the more imbitter'd, and more Enabled too to act with Prejudice, And, so long as there are different Sentiments in a Nation, 'tis certainly [Page 21] better for any Government, to have them stand distinguish'd, for then they are known, may be easily watch'd, and their Attempts (if any such should be) as easily frustrated; but, if they are forc'd to Incorporate into the Multitude, and made capable of the Advantages of the Government, they are thereby only made capable of doing more harm, if they are dispos'd to it, and that even by an Authority, and Interest, deriv'd from the Government it self, Upon these, or perhaps better Reasons, the foregoing Revolutions ever declin'd the drawing Men by Violence, and Racking them into Compliance; and, the Good, and the Bad, the Gentle, and the Tyrannous, have thought it hitherto enough for their Security, to hedge in their Persons by the Fences of Law, against all Attempts, and to fill all Places of Power and Trust, with their own Adherents, and, for the rest, to leave them at quiet if they would, or to be otherwise at their Peril; and, this middle way, as 'tis most agreeable to Reason, Humanity, and Interest of State, so it hath been verified in Fact, for, 'tis the Path, that I believe, all Revolutions have walk'd in, to be sure all our own, except one single Instance, which, as it was never put in Execution, so it is an Example of Men so prodigiously Lewd, and Scandalous, so abominably, and above measure Impious, that 'tis a Horrour to think of them, and much more to Imitate them: And the Tyrannies of Nero, or Heliogabalus, are more Imitable, and fit for Example.

And yet, after all, we humbly conceive, that our Case is more favourable than any that went before, in several Respects.

There is this considerable difference between this, and former Revolutions, That as all former Revolutions were acquir'd by the Sword, and passages thro' Blood, and that not only of their Adversaries, but their Friends, so the Slaughter of their own Party rankled in the Minds of the [Page 22] Victors, and begot Heart Burning, and Revenge; but in our Case, the Ascent to the Throne was easie and safe, without Bloodshed, without Opposition, and consequently without any provoking occasion to Exasperate, and Inflame the Passions, here was no room for Reprisals, none for attoning, and pacifying the Ghosts of the Slain. When K. Edward the Fourth came to York, he saw the Head of his Father, and of others, his Friends, yet remaining upon the Walls, and this did so incense him, that be forthwith caus'd his Prisoners, the Earl of Devonshire, and three others, to be Beheaded, and their Heads placed in the room of the others, of which Action, Habington, p.19. (the Author of his Life) makes this severe, but just Reflection. ‘An action too much savouring of the Ancient Heathen; the Souls of Christians no way requiring their Murthers to be reveng'd, or their Injuries appeas'd with such an Offering’.

The Principles of the Respective Parties concern'd, either in high Posts of Legislation, or otherwise under the Government, seem to plead for us, and to be Advocates for Mitigation and Forbearance. And if they please to consider them in their just consequences, We presume they will find them moving in our Favour.

There are two general Parties in the Nation, however subdivided; the Dissenters, and the Church Party, The Dissenters for a whole Age, and more, have been loudly inveighing against Persecuting tender Consciences; and by Conscience, we presume, they do not mean only their own, but other Men's also, when it is truly Conscience, and not pretended, nor that this was a Temporary Doctrine, calculated for Seasons and Opportunities, and fit only to be taught their Governours, when they themselves were in a state of Suffering, but constant and permanent, as fit for them to learn, when they are in Power, as when they were under the Power of others; [Page 23] And this can only evidence the Sincerity of their Pretensions, and shew that it was not Clamor, but their true Judgment, when they shall be as ready to exercise it towards others when it is in their hands, as when it was not to demand it for themselves. Further yet by Conscience, We presume they do not mean only a rightly inform'd Conscience, for there is no doubt that Right ought not to be Persecuted, but such a Perswasion of Mind, which must ultimately guide a Man whether he be in the right or wrong. That is, when a Man uses all honest Endeavours, and his best Skill rightly to inform himself; and if after this he happens to be in an Error, 'tis rather to be pitied than punish'd. Lastly, by Conscience being persecuted, neither they nor we mean, the Punishment of outward Acts and Attempts, and violations of Law; but such a Perswasion, altho' differing from the Sentiments of Superiors, as is withal peaceable and quiet, offends no man, disturbs no man. Upon these Limitations We think, We may reasonably desire from them the Benefit of their own Principle, and We must confess that in their private Capacities, We have met with fair and moderate Treatment from them; Nor can I think that this Excluding Project came out of their Quiver. And this is yet further inforc'd, if they consider that there are two Cases, in which their Sufferings in some measure run parallel with our own, that is, the Renouncing the Covenant and the Sacramental Test, the one determin'd, the other yet in being; in both these Cases they heretofore did, and yet do think themselves hardly us'd, their natural, and Native Rights violated, and yet the utmost Severity of both these, were only Exclusions from Offices and Places of Trust, which we suffer already, and are contented to suffer. We desire no Places of Profit and Preferment, till we comply to the utmost; In the mean [Page 24] time, if the Terms of Refusal are esteem'd such a Hardship upon themselves, because they cannot in Conscience comply with them; our declining the Oath for the very same Reason will be no Inducement to them, acting consistently with their own Sentiments, to give their helping Hand to lay far heavier Impositions upon Us.

In the next place the Church Party, We humbly conceive, have yet more Reason for Moderation and Temper; It is not so long since, as either they or We can forget, that We were One Body, mutually agreeing in, mutually suffering for the same Cause, and (as far as we know) upon the same Principles. And if they please to cast their Thoughts backwards, and review our Behaviour while we walk'd with them; We believe they will find no Reason to suspect our Sincerity, nothing to provoke their Hatred or ill Will, and much less a severe and hard Treatment. But this is a String we must not touch upon, and Modesty bids us forbear; however, as We have always hitherto, so We yet crave leave to insist upon (and We desire to do it without Provocation or Reflection) That the Principles upon which we suffer, were their own, as well as ours; And if they are so still, for them or any of them to be instrumental in laying on our Afflictions, is to prey upon their own Principles; it savours too much of the Cannibal, and is devouring their own Kind; and to see Passive Obedience crucifying Passive Obedience, is the most unnatural thing in the World, and which can be parallell'd by no other Party or Perswasion besides. And whensoever they concur or give their Vote for our Miseries, in Religious and Moral Construction, they lay violent hands on themselves, and commit Outrage in our Persons, on their own Sentiments, and Thoughts of their Hearts. If it be said here, that We lay these Principles on too narrow a [Page 25] bottom, and we ought to have understood them in their just Latitude. We answer: Be it so; why then, the Consequence is, That the same Principle streightned and contracted, confines the Behaviour within narrower Limits, when the same open'd and enlarg'd, gives greater Liberty in Practice. But 'tis a strange Latitude indeed, and gives a monstrous Turn to it, which impowers it to destroy and devour the same, though streighter; 'Tis certainly the same Principle, however modify'd, and if by vertue of a new Modification it can contract such terrible Qualities, the mildest Principle in Religion may soon be modify'd into the most Savage and Bruitish; 'tis but tacking a Latitude to it, and then it may do any thing in the world. However, let the Foundation be what it will, We have laid it no narrower than they have done themselves, our Principles are in their Laws, Books, and Sermons litterally and expresly, without any such Latitude, or Caution; and if We have swallow'd them implicitly, or with due and reasonable Care, have examin'd and entertain'd them, some share certainly of the Mistake (if such it be) is owing to them, and they, in some degree, are responsible for the natural Consequences of their own Doctrines and Instructions; And 'tis a hard way of paying of Debts, and attoning for the Inconveniences into which they have lead us, by assaulting us with Vengeance, and helping forward our Destruction. If it be yet further said, that they have quitted these Principles upon good and substantial Reasons, let that be granted too, then that is in the nature of Repentance; And the natural and proper Effect is to produce Compunction and Grief, for having been mislead themselves, and for having been instrumental to seduce others; but it operates the wrong way, if instead of begetting Sorrow in our selves, it serves only to heap [Page 26] up Sorrow on the Heads of others. This is indeed an Act of Revenge, but the Object is mistaken; For in such Cases, the Object of Revenge is a Man's own self, and there it ought to terminate, and not on his Brother, tho' he be mistaken, 'tis a mere Secular Device and Artifice, and hath nothing at all of Religion, when Men think to evidence the Sincerity of their Change by falling foul on the Principles or Party they have quitted; they may give their Reasons with the best Advantage they can, but sure 'tis fit, that at the same time they with-hold their Hands, for of all things Force and Violence are most undecent and unbecoming Qualities in a Convert. And look throughout the World, from the Days of Cain until now, and you will certainly find, That Renegado's and Apostates only, have been the Persecutors of their former Brethren, and that 'tis only a Consciousness of forsaking the Truth that sours their Tempers, and degenerates into Fury. For a Recovery from Error upon honest and full Conviction is quite another thing, it always leaves upon the Soul a strong Impression of its own Infirmity, the Experience of their own Errors, joyn'd with the Ingenuity of owning and forsaking them, inspires them with Thoughts suitable, and begets Candor and Mildness towards the Errors of others, with a more particular Tenderness to the Case we have been involv'd in our selves; And whatever Arguments for Compassion may be drawn from the lapsable Estate of Mankind, they are tenfold more Cogent and Weighty, if the Lapses were once our own; If we our selves have been overtaken in the same Case, and in the same Instances. So that upon the whole, turn it which way you will, Let the Party of the Church either believe the same Principles that we do, or let them hold them in a differing Latitude; or [Page 27] let them perfectly forsake them (which three Divisions we believe include at least nine Parts in ten) in all respects, and with reference to all the Divisions, the thing we are Pleading against, is equally repugnant, and inconsistent, as unaccountably Harsh, and Severe.

We have a Mighty Instance in our own Nation, to Illustrate this whole matter. In the days of Queen Mary, we see the false Principles of the Roman Church, join'd with the Apostacy of those who complied in the former Reign, spread themselves all over the Nation, in Martyrdoms, and Executions, in all the Bloody, and Violent Methods that Rage and Malice could Invent, or Execute. From whence it hath been well observ'd, That that is a strange Religion which divests Men of Humanity, which, instead of smoothing the Asperities of Humane Nature, Enhances, and Inflames them, and makes them ten times more Fierce and Cruel by Religion, than they were by Nature. But, so soon as the Reformation recover'd again under Queen Elizabeth, the Spirit of Mildness, and Mercy reviv'd with it. Fire and Faggot were at an End, and the Triumphs of Truth were seen not in Slaughters and Bloody Victims, but in Living objects of Mercy. The Queen her self had been very ill used, and withal, in great danger of her Life; the Provocations in general had been very high, and Exasperating to Flesh and Blood, the Wounds many and deep, and withal, fresh and Bleeding; and, yet behold the mighty Power of Truth, and true Principles, which, instead of pursuing Revenge Abroad, subdued the Tyranny of it within, and tied up the Hands of Power from retributing the like measure on themselves. The Reformation indeed, went on with Resolution and Courage, but it was with great Piety too, as the Case was Religion, so it was Intire, and Uniform in all its [Page 28] Parts; Faith had not yet devour'd Good Works; Zeal had not eaten up Charity; the Name Protestant in those Days, meant the Thing, a mild, and merciful Religion and which inspir'd all its Votaries and Proselytes with the same qualities. It is true, Non-Compliers were disabled from holding any Offices, and the Clergy were actually depriv'd for refusing the Oath of Supremacy; but, their Deprivations were so Temper'd with Compassion, and Kindness, that they became not only Tolerable, but very Easie. In the High Commission, the Commissioners are expresly Impower'd to assign fit, and Competent Pensions to those who were put out, and of which, the Historian saith, ‘The Prudence of reserving Pensions for such Priests as were turn'd out, was much applauded’. [Note: Pensiones legittimas congruas & competentes cedentibus vel resignatibus. Hist. of Reform. pt. 2. p. 400.] And, if that was all, Prudence is a Vertue both Laudable, and imitable; But much more where Piety is joyn'd with Prudence, and the grounds of such mild Proceedings are Religious, as well as Prudential. Thus upon the indulgent Treatment of the Depriv'd Bishops, viz. That Heath Archbishop of York; lived securely at his own House in Surrey, and was visited by the Queen. That Tonstal and Thirleby liv'd in Lambeth with Parker, (the New ArchBishop) with great Freedom and Ease. That even Bonner himself (the bloodiest of them all) was suffer'd to be in safety, and Skreen'd from the Fury of the Enrag'd Multitude. The same Historian makes this Reflexion: ‘As the Queen was of her own Nature merciful, so the Reformed Divines had learned in the Gospel not to render evil for evil, nor to seek Revenge. And as Nazianzen had of old exhorted the Orthodox, when they had got an Emperor that favour'd them, not to retaliate on the Arians their former Cruelties, so they thought it was for the Honour of their Religion, to give this real Demonstration of the Conformity of their Doctrine to the Rules of the Gospel, and of the [Page 29] Primitive Church, by avoiding all Cruelty and Severity, when it look'd like Revenge’. Now if these were good Doctrines then, they are certainly so still, and come home to our Circumstances with all possible Advantage, there is indeed a great Disparity between the two Cases, but every branch of the Disparity turns in our favour, and concludes in all respects more strongly for us. We need not pursue the Comparison, a Man that Runs may Read it, both with Respect to them, and to our selves. This Author is now in a Post to give Evidence of his own Doctrine; and, if the Honour of the Reformation, the Rules of the Gospel, and of the Primitive Church, have any Prevalency at this Day, we may yet hope to see the Consequences of them in Practice, the same Celebrated Effects reviv'd amongst us, and Demonstrated in real Acts of Clemency, and Forbearance; and therefore, We cannot conclude better, than in the next Words of the same Historian, (which were not spoken Exclusively, but, by way of Panegyrick, as a Noble, and Pious Example, fit for himself, and others to Imitate.) ‘All this might have been Expected from such a Queen, and such Bishops’.

FINIS.

REASONS for Restoring the WHIGS.

NOthing is more generous than to take part with People in Distress, when it is none of their Fault that they are not still in Prosperity. To see a Set of Men run down by the common Cry, even to Contempt, whose Numbers are as formidable as ever, and who continue to maintain the true publick-spirited Doctrines of Revolution and Resistance, to see these despised by those very Men, who do not so much as pretend to have any Defence against such Weapons, is very unaccountable. The Elect do not know what it is to despair: and till that happens, the Tories ought not to triumph. But nothing is surprizing in an Age of Amusements. Whilst some are contending for the very odd Maxim, That they ought to be preferr'd, who would be good Subjects, tho' they were out of Favour: Others are no less idly sollicitous about restoring those, who have the only Pretensions to Power, whether to procure or to keep it. I take it for granted, that the Whigs must and will come into Play again: because they are the only Masters of all those useful Arts and Inventions, by which, under Providence, Turns and Changes are brought about in the World; and therefore since it is, and ever [Page 4] was the Business of that Party, of which I profess my self an unworthy Member, to give intire Satisfaction to all sorts of Consciences, I shall endeavour to prepare my Fellow-Subjects for the Alteration, by laying down the best Reasons for it I can. This I take to be a very good Method, to give Reasons before we come into Power, because we may not perhaps be so much at leisure to do it afterwards. I am sensible, that the Prerogative may make this happy Removal as it formerly did, without giving any Reason for it at all; but since the straining of the Prerogative is notoriously a Tory Device, and because I think all arbitrary Proceedings, especially whilst Tories are uppermost, ought to be discouraged: I shall debate the Matter with all the Calmness and Moderation, that becomes a Lover of Truth, and a hearty Friend to his Country.

If we have the Welfare of England at Heart, and would gladly be delivered from this long and expensive War, in which we are engag'd: We should wish with Impatience for the Restoration of the Whigs, who are the only Men that can put an End to this Affair with Safety and Honour. The Conduct of the Tories, since they have been at the Helm, will soon convince us of all this. They have taken Care of the Indies, and made a Trade and Advantage of that, which at all Hazards should have been undertaken, I mean the Conquest of South America, which at long run is the Conquest of France; they have provided for Spain, and stopt the growing Debt of the Nation; by which Measures, the War may last some three or four Years longer, unless an unexpected Peace should intervene; whereas, had the Whigs been suffer'd to pursue their Method: Had the grow [Page 5] ing Incumbrance Risen into a general Dun: Had Spain been starv'd to enable us to take three Towns with six Millions, that cost the French King almost half the Sum for Purchase and Fortifications: Had the Foreign Plunder devolved wholly upon the Dutch, and the Domestick upon their private Allies: Torcy could have banter'd us no longer, tho' the Confessor to the Army, who knows so much of the Management of the War, had himself been in the Secret: But we must have had the invaluable Blessing of Peace; our Creditors would have been sure of their Power for many Generations, by having run us so very deep, and therefore would have no more occasion for the War: There had been an end of all our Troubles, and the Whigs would have stood to their first Word with Honour, and owned the Duke of Anjou with a most profound Submission to Providence, which perhaps might have been mentioned in the Journal. Whereas, under the Tories, how far off is this delicious Prospect? Perhaps we may have a Victory to match Ramellies, Oudenard, and Blaregnies, and so computing Hockstat among the Tory Triumphs, bring the Ballance to that side, whereby we may go on planting Lawrels every Year, till the Grove grow to a Wilderness. The Whigs therefore must be restored, if ever we design to be at leisure to fight altogether among our selves.

Nor is there less Occasion for them, if we seriously consider the great Necessity there is, of strengthening and keeping up our Foreign Alliances. There is all the Reason in the World to accuse the Tories of great Remissness in this Article. I would not be thought to write for a Party, or to judge out of Prejudice: But let any in [Page 6] different Person tell me, whether there does not appear a great Suspicion of Avarice and Narrowness of Spirit in all their Transactions beyond Sea. Little else was regarded in all Treaties, but their own Interest: As if England was to come in Competition with all Europe. If any useful Branch of Trade was in Dispute, they presently claim'd it for themselves; if a Town was taken, they immediately brought in their Partners for Powder and Shot; if a Territory was to be divided, who but they to be the Foremost in the Scramble. If my Memory do not fail me, for I would not wrong them, they once weighed a few Paultry Gunsmiths against the whole States General, and insisted on a meer Punctilio of Honour, with the ever valiant and victorious Portuguese. I appeal to the Knowledge of all who have been conversant in these Affairs, whether there was not a greater Regard paid to our Allies, under the Administration of the Whigs. Did we think it worth our while to Quarrel with a Neighbouring Country for a few nasty Fishes, or the Raree-Show of a Company of Monsters from Africk? When one of our good Allies was overstock'd with Poor, did we not take vast Numbers of them off his Hands, at a Time too, when our own Poor were very numerous, and in a starving Condition, so generous was our Charity without any Regard to our own Profit or Advantage. Is there a Religion in Europe, that has not been encouraged by us here in England? If those, who were troubled with Superstition, would have conceal'd themselves, and been of no Religion at all, rather than of a bad one, they might have been Favourites in our Eyes. Did we not wholly neglect our own Barrier the Seas, and increase that [Page 7] of other People, without any Respect to Self-Interest? And till the same well disposed Persons are restored, must we not be under the strongest Apprehensions imaginable, that the Grand Alliance will soon be broken: and then what do we think will become of the Protestant Religion and Liberties of Europe.

I suppose the most Hardy and Impudent Tory breathing, will not pretend to dispute with me, whether the Interest of the Hannover Family were not better provided for under a Whig Administration, than under Them. I shall not now mention their slavish Doctrines of Passive Obedience, Non-Resistance, and Hereditary Indefeasable Right, which no doubt must agree admirably well with the Temper and Genius of a German Prince. I would not bring against Them a Railing Accusation; the Cause of the Whigs wants not any such Arms to defend it; our own Actions, done in the Face of the Sun, will witness for us, how much we are concerned for that Illustrious House. By our Behaviour towards the Glorious King William and Her Present Majesty, the Serene Princes of That House may know, what They are to expect. Did we not Limit the Prerogative, and Cramp the Succession Acts, on purpose to get the Power into our own Hands, and into the Hands of those High and Mighty Ephori, whom we had appointed for the Interregnum, on purpose to keep it for their sakes? Have any People been truer to their Oaths and Publick Engagements, than we have been, and can any Thing be a better Security for the Successor to depend upon Us? It is very true, we have endeavoured all we could, to fix the Birthright in another Person. But every Body, who [Page 8] has not a Party-Mist before their Eyes, may easily see, upon what Reasons we went: For how can any one Branch of the Hannover Family ever claim in virtue of this Right, if the Birth of a Prince shall ever be disputed after so much Unquestionable Evidence? It is no strange Thing, to have such Calumnies spirited up against us, whilst we live among Tories. With the same Candor and Ingenuity They object to us, our lessening the Credit of the Succession by Representing Three Parts of the Nation as Enemies to that Family, and in the Interest of the Pretender: and that we Endangered a Bill for strengthening the Succession, by Inserting a Clause, which might very justly admit of a Division; Poor senseless Impotent Malice! How is it possible for the Tories to hope to keep the Saddle long, when they are not able to fathom even the ordinary Depths of our Wisdom and Sagacity? We did indeed Represent the Tories as Enemies to the House of Hannover; but they ever loved to contradict us, and make us Lyars and False Brethren, and This therefore was the only way to bring them to be for it. We own, that Perkin did make an Attempt to invade us, whilst we were in Power, and seemed to have a particular Fancy to land amongst our Allies the Presbyterians; and that much about that Time, we would not let the next Heir come over only by way of a Civil Visit; But had we not just then been accused of making Turns and Revolutions our professed Principle, that we were always inclined to follow and practise? And could we give a greater Demonstration of our singular Stedfastness to the House of Hannover, than by Receding occasionally from our Principles, and from our very Nature, for [Page 9] Their sake, by waving the Right of Revolution, adhering to the Establishment, and sending the Young Gentleman home again: Let the Tories, if they can, produce any one Instance, like these I have shewn, of their Loyalty and Fidelity to that Princely Race. They pretend, that we are for a Commonwealth, and we with more Justice object to them that they are for Arbitrary Power and Tyranny. Do we think a German Prince will not discern the Difference, and how much better it is to Rule a Free-born People, and a Race of Nobles fit to be his Companions, than a Nation of Slaves and Vassals? The Tories must not think to pass these idle Amusements upon a Wise and Judicious Court, which can never save them from Turning out, to make room for the True Patrons of the Succession. We all know whose Legacy it was, and can we suppose, that Legacies were intended for Enemies, and not for Friends?

There is another Great Concern, I mean the Security of the Protestant Religion, which I am sure can never flourish as it did, till the Whigs are again empowred to take it under their Protection. Nothing can be more surprizing than to hear Jacobites, Highflyers, and Papists in Masquerade, talk of preserving and maintaining the Protestant Religion. As for us, it has been our particular Care, ever since the Peace of Reswick. It was by our Direction, that the Famous Exposition of the Church of England Articles was written, by which the Inclosure and Pale, that had been made up by the Tories, was thrown open, and a large Gap made, at which, under the Conduct of a Religious Naturalizing Parliament, the Fulness of the Gentiles marched in, and by [Page 10] joining Us, made our Forces more than a Match for the Enemy. I have heard it said, that some of These were not Protestants, and that others were not Christians; But did they not renounce Popery in a solemn manner? Did they not swear against Them even in an Unknown Tongue? If This will not make a Man a Protestant, I am at a Loss to know what a Protestant is. Let this therefore be reckoned among the Calumnies of that malicious Party. With what indefatigable Industry have we laboured to bring together, and reconcile under one and the same Protestant Denomination, Deists, Socinians, Atheists, Latitudinarians, Libertines, and Free-Thinkers? And can there be any Thing that can contribute more to the Security of the Protestant Religion, than Unity and Concord? When the Tories talk of one Faith and one Mind, They know, that what they attempt to bring about, it is impossible should ever happen in Nature; Men will differ so long as they are Men; Certainly in the Judgment of all discerning Persons, the Conduct of the Whigs is much the Wisest, by a General Toleration to make it the Interest of all People not to Divide, tho they do Differ; by which means the whole Body of Protestant Dissenters are drawn in for Parties in the Common Cause of the Church against Popery and Superstition; and yet for This we have been called Presbyterians and Fanaticks; and we have met with all the Opposition in the World from the Tories, whose constant Business it was to Divide the Well-affected as fast as we could bring them together. At the Revolution, when the Protestant Religion was in the utmost Danger, whilst the Tories, to their everlasting Shame and Confusion stood out and kept at [Page 11] a Distance from that easy Monarch: We fell in with Him, concerted Measures with his Popish Counsellors, and ply'd him with all those Refined Arts, which Envy it self must acknowledge we are Masters of to a Perfection; by which we brought about that Blessed Turn, and preserved Religion at a Time, when the Slavish Dastardly Tories were preparing themselves for Smithfield Market. If therefore we have any Regard for the Reformation, and are Real and Sincere when we Declare against France and Popery, we should join Hands in behalf of Those, who are the most Professed Enemies to Rome, and Hearty Friends to every thing that is called Protestant in Europe.

The Gentlemen, who are now in Power, value themselves upon nothing so much, as upon their Loyalty, and Love of Monarchy, whose Rights and Prerogatives they always talk of defending and supporting. But we are not to try Men upon their own Words. I am positive, if the Actions of the Whigs can make a better Proof of their Fidelity to the Crown, it will soon appear who are the best Subjects of the two. The Learned and Judicious Mr. Ferguson, who was always a stanch Whig, whilst Youth and Vigour permitted him to be useful and serviceable, in his Account of The Qualifications of a Minister of State, observes, that a Distrust of themselves was the great Foible of the Family of the Stuarts; but, with Submission, I think, their Distrust of the Whigs was a much greater Foible, who with all the most pathetick and solemn Promises imaginable, could never obtain a Permission to make them Great and Glorious Monarchs. K. James the Second did indeed trust them for a Time; but it was his Misfortune not to trust [Page 12] enough of them; and let any one shew me when any one Tory Corporation or County ever addressed the Throne in such high Terms, as the Whigs did at that Time. They ascribed to His Majesty, not only an absolute Dominion over the Bodies and Goods, but over the very Souls and Consciences of his Subjects. What could be more sincere, than their wishing, that they had Windows in their Breasts, that His Majesty might see the Integrity of their Hearts; and to prove that this was their old constant unalter'd Principle, the Tories themselves own, that if the King could have looked through those Glass Windows into their Breasts, he would have found nothing there but Old Standards and Second-hand Furniture. How loyal a Design was that in the Whigs, to make the Throne a Co-ordinate Power, and how Rudely and Unjustly has it been Misrepresented? Tho' to an Indifferent, Rational Man, nothing can seem a fairer and more ample Concession, than for the Whigs to allow the same Power to Crowned Heads, that ever they pretended to for themselves. Can it ever enter into the Head of any thinking Creature to imagine, that the Whigs should oppose the Prerogative, or any the most ample Claim to Dominion; when not so much as one of the Party can arrive at the Dignity of a Secretary, Treasurer, or Lord Lieutenant, but they presently assume and exercise all that Glorious Unbounded Authority, which the Tories pretend they have disclaimed? By this they cannot be supposed, since they are only Ministers still, to mean any thing else but the Support of the Royal Character, which they represent; which is certainly doing Justice to the Rights of Monarchy. But let the Bigots of the other Party go on to censure them [Page 13] with no more Reason; they will find by Experience, when the long-wish'd for Change comes, that the Whigs are no such Enemies to Soveraignty as they imagine. They have accused them of being the Authors and Abettors of a strange Medley, call'd Mixt Monarchy; but what did they do, when they were uppermost, to deserve this? Did they not push at a Single, Sole, and Total Supreamacy, without any Partners, any Mixture, or Coalition? The Tories vainly dream, that their Passive Obedience and Non-resistance is the shortest Way toward the establishing of Royal Dominion; but they are, as they used to be, extreamly mistaken. Few Monarchs will ever depend upon that Scheme: and besides, it is whisper'd, that they are not in earnest who propose it: For whatever Men resolve when they are in cool Blood, yet, as Mr. Asgill observes, when they are put into a Fright or a Passion, they know not what they shall do. But the surest Way to Monarchical Power, is the Republican System of the Whigs. A short Experiment of this sort never failed to produce as good a May-day Monarch as Heart could wish. Cromwell and Massanello went this way to work; they were Whigs in the making, and Tories when they were finished. If ever therefore there be occasion to restore Monarchy, the Whigs ought to be first restored, to pave the Way to that Design. Their Love of Regal Power is unquestioned; let them go first, and the other will soon follow in course.

If we Consider the Honour and Dignity of Parliaments, I hope no one will deny, but the Whigs have a much greater Regard to This than the Tories; and This is another Reason that ought to incline every True Lover of our Constitution to [Page 14] wish and endeavour Their Restoration. What an Ornament their Leading Orators and Speakers were to the Last Parliament, the Tories must remember to their Sorrow. The Figure they made, render'd Them but too Formidable, and Hazarded their being made Hereditary, even in spite of their own Principles. They fell by their own Strength, and their Glory was their Ruin. What might not be Expected from such Men, who could win over a Learned and Reverend Bench of Prelates, to the truly Noble and Christian Duty of Self-Condemnation; and reduce Atheists, Deists, and Libertines, at least to a serious Enquiry after the Doctrines of Christianity? How careless were the Tories of the Senatorial Dignity, when they permitted the Liberties of England and Europe to be disposed of by those who subsisted on the nasty Elective Breath of Scot and Lot Men, Greasy Burgesses, and Indigent Potwashers? How much nobler was it, to leave This Mighty Decision to an Honourable Committee, Independent of such Scoundrels? This was truly Great and like Patriots, for none but such Senators were fit to Chuse Themselves! How many of that Order were Quartered upon Paymasters, Receivers, and the Subalterns of the Chequer? How many held Commissions in Commendam with Burroughs? What vast Numbers were out upon Subsistance and at Board-wages? Whilst others Thrived upon Lists, Bounties, and a Competency of Types and Shadows: Whom the Tories, had they been in their Places, would have Deserted and Forsaken in the Queen's Bench and Marshalseas; and what was all this for, but to enable all the Members to support the Dignity of Parliaments? They were truly sensible, how Great and Inesti [Page 15] mable the Value of a British Senate was, and therefore staked the Bank, the East India Company, the Treasury, and in short, all that Plunder, which the Saints had laid aside for the Work of the Lord, in purchasing those Rights and Privileges, which the Tories thought worth no more than a Tub of Ale, and a little good Neighbourhood. It was not possible but the most useful Knowledge in Politicks, must be freely propagated in that School, where Youth were regularly trained up: And as the Order of Nature requires, were taught to Speak, before they could either Write or Read. To declare the Events of War, even in spite of Chance: To conceal the growing Debt, by pronouncing the Receivers to have manag'd well, which set the Bankrupcy still further off: And to publish the Royal Banns, tho' they knew that a strict Follower of good Q. Bess must certainly forbid them, were Attempts, strangely Glorious and Heroick: Such as no succeeding Senate must ever presume to exceed. This therefore must be said for the Honour of Parliaments, that tho' a Whig Dissolution is absolutely necessary to retrieve all, and tho' a Whig Parliament must meet again, yet such a Whig Parliament will scarce ever meet at Westminster.

Every Body knows, that we are a Nation subsisting upon Trade and Merchandize, and that the Moneyed Interest is much too heavy for the Land, in the Ballance of the Publick Accounts. I need not tell the World, how much the Whigs have encouraged Trade: And that till They are Restored, we must never expect to see it prosper and flourish. For did not the Tories clamour against the Bank and East India Company, for not transmitting those vast Sums to Flanders or the [Page 16] Indies, where only Foreigners would have been the better for them, which they chose rather to spend in our own Burroughs and Corporations, for the Encouragement of the English Manufactures? I am sorry to say, that such a Practice as this, wants no Colours in the Description, to set it off to the Life. How many Noble Branches of Commerce have been lately sunk, and totally lost? The Premiums for Remittances are considerably abated: The Trafficking with the Debts of the Navy, the vast and profitable Trade to the Straights of Change-Alley, the Split-stick Income, and prodigious Importation of Privy Seals, the Augmentations for Secret Service, the Draw-backs upon Small-beer and Hopps, the Noble Manufacture of the Spanish Wooden-Legg, the Trade of War and of Peace, of Unions and Alliances, the great Advantage of Battles and Sieges, are all in extreme Danger: And God only knows how soon they may be at an end. And who are the Men, whom we are to thank for all this? I need not name the Tories: Every one will fix it upon them: Let them take it off if they can. How did they trump up the South Sea Company upon us, at a Time, when our East India Men began to dream of making both Worlds their own: And that all those, who before the late Whimsical Election, deserved to be sent to the Plantations they had purchased, would once more come to be necessary at Home. Nay not content with this, did they not set up the African Company to be another Rival in Trade, at a Time too, when the Bank wanted to recover its Lustre: Whose Elective Monarchs had been so lately a Match for the Hereditary, and wanted but a few Points to get over, to be in a Capacity [Page 17] of bidding Money for the Patron of England, and erecting themselves into a Bank of St. George. Did they not bring in French Wines for Tory Healths, to the great Detriment of the Herefordshire Trade, whereas we managed the Correspondence to so much greater Advantage, by the way of Holland and Sussex? If this be not sufficient to prove, how much Trade has been discouraged by the Tories, let the many indigent Families, that pine and labour under their numerous Oppressions, witness against them; let the Sir James's, Sir Gibby's, Sir Harry's, with the Illustrious House of Farnese, rise in Judgment against them, who must now starve for want of the other odd Plumb. I know very well, what the Fable of the Fox and the Flies means; I wish every Body else knew it as well; certainly they would never trust the Trade of the Publick with those, who have no Stock, who are empty and craving; whereas the Fat and Well-fed should, one would think, be much fitter for the Business; but this is easily evaded: They say, that Hunger is not so insatiable as Avarice: And that what we call our Wealth, is only the Arrears of the Parish, in the Hands of the old Overseers, which they can demand at Pleasure; see the Insolence and Folly of the Men! How ridiculous is it to say, they will not trust us, when they know, we must trust them, or they can never go on with their Trade. Here indeed I must drop the Argument: For I do not wish to see the Whigs restored, till press'd by Necessity, and the Want of such Managers, the poor distressed Tories come with an awkward Face, and humbly intreat us to take the Shop, the Remainder of the Goods, the Book-Debts, and all the Trade into our own Hands. Again; then [Page 18] we shall soon see, whether the Proprietors of the Dunghil, or its Offspring, are most likely to grow fat and prosper.

There has of late been more Noise and Preaching about the Church, than ever was made in it, and all against the poor Whigs: Whereby great Numbers of the Well-meaning Layety, and even of the Clergy themselves, have been drawn into an ill Opinion of them: As if they were Enemies to the Established Religion, and intended the Hurt, if not the Ruin, of the Church of England; we have indeed tried her more than once, even as Silver is tried, but was not this for her Glory? Was she ever purer, or ever more flourishing, than in the Days of Primitive Christianity? And was not that an Age of Trials to the Church? I hope it can never be suppos'd, that Men of our Principles, could have a Design to advance or promote any other Religion; whilst the Tories by lifting the Church too high, by mounting her upon a Hill and an Eminence, have made her as a Mark and a Butt, whereby she is apparently seated in a Place of Danger, exposed to every Assault; such a Situation as this, is no better than a Præceps immane Ruinæ I should be glad to hear one of that Party tell me, whether their erecting Fifty Churches by Act of Parliament, or our filling them by a General Comprehension, be the more meritorious Work of the two; I am sure, no Tory can say the first is the best of the two, without preferring StoneWalls and Steeples before the Congregation, a dead Church before a living. What a ridiculous Coil have they kept about the Doctrines of Passive Obedience and Non-Resistance; could any thing be more for the Service of the Church, than giving the Clergy a Power to defend it? Is not [Page 19] this delivering the Sword to St. Peter, and raising a Church Militia, whereby she may be able to combat her great Enemies, the Papists and Presbyterians? Who are the Men, that do most Honour to the Church, they who represent her as a poor, disconsolate, weeping Virgin, pining and forsaken: Ridicul'd by her own Sex, and tamely ravished by ours: Or we, who dress her up as becomes a Warfaring Amazon, with the whole Armour of the King of Hosts whom she serves, able and prepared to defend her self, to make Princes bow down to the Dust of her Feet, to subdue the Kingdoms of the Earth, which have so long been promised her, to bind their Kings in Chains, and their Nobles with Links of Iron? When Men will wilfully shut their Eyes against their own Good, and stubbornly refuse to see, or to know their own best Friends, I can't think it possible, but they must be often in Danger, and at last inevitably ruined; what could we be supposed to mean by our hearty Endeavours, to join the Church and the Presbyterians, but to strengthen and establish their Power and Interest? The Presbyterians are a Warlike Religion, the greatest Masters of Military Discipline of any Church in Europe: Such an Allie would have been of singular Use to a declining Clergy, had they been at leisure to consult their own Happiness and Security. We own, we gave a considerable Check to Convocations, scarce permitted them to meet, and never suffer'd them to sit, and we glory in the Management; by this we gave the Church a Demonstration, how much we had her Safety and Honour at Heart, when we would not be Accessary to those unnatural Broils and Contentions, which so often endanger her Peace, nor put it into the [Page 20] Power of the Clergy to destroy one another. Can it ever be imagined, that when the first and leading Prelates of the Church were all along in the Secret with the Directors of the Junta, They should not make themselves Masters of all that Fineness of Politicks, that might preserve the Ecclesiastical Constitution, which we had practised with such Success for the Security of the Civil? Did we not by allowing Occasional Conformity, bribe over a great many of the Church's profess'd Enemies to her Communion? And how many Butteresses can we boast of, as useful as their Pillars? If any other Sett of Men can produce the same Evidence of their sincere Love of the Church and Clergy, we shall not then envy their being so much in Favour. In the mean time, let them pray for our Restoration, as they value the great Assertors of the Revolution, by which she was saved miraculously, and thereby reserved for greater Things, if she will be advised, and submit to her best Guides, who would enlarge her Borders, and make no Distinction between her spiritual Governours, and the Kings and mighty Men of the Earth.

When the Whigs fell, many of those Firm and well-contrived Underprops were taken away, which Supported and Adorned the Political Structure: and I would be glad to know, what the Tories have substituted in their Room, or how the Building will stand, unless the Old Master Workmen are again trusted with the Undertaking. Could any thing be of greater Use, a more Loyal and Publick-spirited Institution, than the KitKat? By this Society, the Standard and Measures of Wit were allowed and approved, and the whole Coinage of Libels and Lampoons ma [Page 21] naged to the greatest Advantage of the Publick. Hence Orders were Issued to the Authors, and Prohibitions to the Criticks; and by these Means the Throne and Ministry were not only preserved from the secret and open Attacks of Pamphlets and Satyrs, but the Reputation and Beauty of the Fair Circle were secured from the Insults and Evil Intentions of Time, Nature, or Scandal, with all their Adherents and Abettors. What was the Junta, but a Curb to the Growing Prerogatives of Parliaments, a Spur to Deliberating Generals, a Purgative to a retentive Treasurer, and a careful Guardian and Protector of the Crown? To see a Member of this Noble Assembly, Condescendingly step down to the Cabinet or Privy Council, must call to our Memories some of the famed Instances of Humility in the Old Triumviri, Archons, or Ephori. And if from this Pinnacle, we Descend to the Cellar; even there we shall find a Set of Patriots, no less careful of the Publick Welfare. Their constant Study was, to Countermine the Plots and Contrivances of their Country's Enemies; to Discover Treasons unthought of before, and to prevent even the Premeditating a Conspiracy. How slender a Defence of the Crown would the Law prove, without Witnesses? and how happy a Contrivance was it, to prepare These beforehand? Judges are Commissioned, Juries Empannelled, and why not Evidences Provided, that the Cause may be neither Baulked nor Delayed? Only They, who dare not stand this Test, will be against it. Let Little Officers, who will not Tell more than they Know, or Secretaries, who will presume to Know more than their Betters, tremble at this Judicatory: We need no other [Page 22] Proof of its being the strict Method of Justice, when Those, who will not be Whigs, that is, will not be Honest, are afraid of it. By these Arts, and these Associations, that Loyal Party secured the Throne, the Publick and Themselves. Can the Tories boast any Instances of Wisdom and Justice equal to These? I did not mention the Illustrious Assemblies of Treason-Chamber and Somerset House, where only the Names of the Members are sufficient to give a Lustre to the Society, without mentioning their Laws, Orders, or Original Foundation. Let the other Party produce Their Councils and Synods; what Underprops can They lend the Throne or the Publick? Where are Their Meetings, and whom do they consist? Will they upbraid us with Her Grace's Assembly, as worthy to be Compared with any of ours? Will This vie with the Kit-Kat? Will a little Harmless Tea so blind the Eyes of a Lover, that he shall see Bloom in a Whig Junquil, or curse the Union of the Lilly and the Rose in a Tory? Can they Boast of making an Alderman a Wit, or depriving a Revolted Poet of his Genius? Did they ever Tumble a Duke down Stairs, or make a Compleat Beauty out of a Tallow Candle? What Satyrs, Libels, Lampoons, have they given their Imprimatur to? Shew me that Crown'd Head that is the Worse, or that Rebel that is the Better for 'em. By what Authority do they meet? who is their Protector? What Gods have they Demolished, and what Demigods placed in their Room? Or will they presume to shew us their Fam'd October Club? A Self-created Creature, as much below a Parliament, as our Junta was above it. Shall a few Whetters be compared to Those, who drank all, and yet were [Page 23] not satisfied? Shall a Squadron of Knights and Squires, whom we had long since Drained, compare with Those who Glory in their Spoils? Sometimes indeed, they are Elevated into the Imitation of our Genius, and then they Deviate into Whigs, answer their own Questions, and put the Negative upon Themselves; but in their ordinary Capacities, they can only Blacken a Name, where we could Erase one; can only Design a Model of that Scaffold, which we could Finish. Such are the Supports the Tories lend the Government, such their Councils and Assemblies! How soon will they vanish, when our Morning comes again; when instead of their stale Accounts of the Constitution, Protector, Junta, and Kit-Kat, shall be the Great Political Mystery.

That which confirms me in my Belief, that the Reign of the Tories will be short, is, because they do all they can to Lessen the Number of their Subjects, and to look upon the Dissenters as scarce Naturalized. The World knows their Settled and Professed Dislike of the Toleration: and it should seem unnecessary to vindicate the Whigs upon this Article, which makes another very good Reason for their Restoration. Was it possible for us to shew the Dissenters in a better Light, or to make them appear more worthy of the Indulgence the Law has given them, than by convincing them of the Necessity they lay under, to Practise that most Charitable and most Christian Duty of Occasional Conformity? Could we give a better Security to their Party, than by Increasing their Numbers; an Argument, which they never failed to make the best Use of they could, and by placing Deists, Socinians, Libertines, and Free-thinkers, in the same Rank with [Page 24] them, and putting both under the favourable Protection of the very same Statute? Did we not fling them in a Flying Squadron of those called Moderate Men, who did them a World of Service, tho' their Principles and those of the Dissenters were at the utmost Opposition: For by appearing chiefly on that Side, they strengthen'd that Party, and served to amuse the Enemy? Did we not Encourage the Reformation Acts, whereby the Saints, whose Sins lay quite another way, sucked no small Advantage out of those Iniquities, which themselves least followed and admired? We saw and considered well, the antient Enmity between the Presbyterians and Independents: How they Reviled, Persecuted, and Clawed one another, till we timely Interposed, Reconciled both Sides, put Independent Congregations under Presbyterian Teachers, and made them one Church, and brought even Contradictions to meet for their sakes, whilst the Northern Kirk laughed at the Motly Monster, and we were content to bear their Reproaches. Did we not bring some of them over to the Doctrine of Lawn Sleeves, and how much was that for their Advantage? How much greater therefore are our Pretensions to their Favour, than those of the Tories? For which Reason, we call upon them to fight our Battels, and to exert themselves and the Courage of their Ancestors in our Behalf, and to bring about another Happy Restoration.

As no Set of Men do more cordially Profess to humour the People in all reasonable Requests than the Whigs; so they are abundantly prepared to Gratify the present Cravings and Importunity of their antient Allies, the Multitude. How many hearty Promises did the Tories make them, that [Page 25] they should have a Holyday for St. Giles's and Tower-hill, together with a sufficient Quantity of Roast-meat to their October? But these things are utterly forgotten now they are in Power, and should think of Performances. They begin to argue now, that the Guilt of a Publick Plunderer is his Best Security; that Necnons are a Plea sufficient to overthrow the strongest Charge; that the Condemning the Rich is without Precedent; and that the worst Malefactors are pitied at the Gibbet. Whereas, if the Whigs were once restored, they would soon find a Way to oblige them, who know so well how to punish False Brethren, and to manage a Decent Execution to advantage. Do we think, they would Permit those Criminals to escape, who built a Scaffold for their own Party; and put an End to a well-established Usurpation with a Prodigious Farce? Can we believe, that they would ever forgive those Pettycoat Party-men, who staked the Cause of the Lord and his Saints, against a Tea-table Quarrel; and put it upon the same Lay with a Dispute about Commodes and Furbeleaus? They know but little of the Temper and Wisdom of the Whigs, who think they will not be ready at any time to deliver up to the Paws of the most Lyon-like Tories, All Those, who falsly assumed that Venerable Name, and debased their Party under the Impudent Pretence of Modern Improvements: and basely went off from the Good Old Cause, and the Gallant Principles of the Ludlows, the St. Johns, the Hambdens, the Sidneys, and Harringtons; Men that were Born in worse Times, and yet behaved Themselves much Better. Can we see the Union turned against us, and Those who used to be First in the Cause, now servilely [Page 26] Truckling to the Tories, and taking their Pay instead of their Plunder, and not sufficiently resent the Folly, and as heartily prosecute their Treachery, who would not draw the Union closer, and with a handsome Equivalent make our Brethren Whigs as well as Britons? Now at length our Eyes are open; and we may discern of what Species our famed Converts are; we may easily see the old Leven of the Tories still prevails in them, and that they took Refuge with us, only because they were rejected at St. Germains: If therefore our honest Friends in Holborn and Moorfields, have a Mind to a Procession; let them Restore the Whigs, and I'll engage, they shall have it at the Expence of our own Party.

How can we ever expect to see Moderation, the most lovely of all Christian Vertues, flourish again, unless the Whigs are Restored? The Tories do not so much as name This Vertue amongst Their Party, but with Abhorrence; and how did they oppose and revile us, whenever they found us inclined to practise it? When out of a vast Number of Papists and Jacobites, we singled out but one to make an Example, Ex post facto, How was our Moderation misrepresented? When we aimed at an utter Expulsion, and declared openly for Root and Branch: Being resolved not to leave so much as one Tory either in the Executive or Legislative Branch, with what Invectives did That Rampant Party open against our Clemency? And yet how Great was our Mercy, who were only contented not to Prefer, instead of Punishing as we ought, the profest Enemies of the Publick? When we Tolerated every thing but One or Two Articles of the Church, Justice it self could not preserve our candid Proceedings [Page 27] from being Reflected on. Others might punish every thing, and remit nothing, and yet claim the Character of Upright Patriots: We granted a General Indulgence, and only put a Restraint upon two or three Crimes, and yet are call'd Bigotted and Intemperate. What Tryal, what Debate, what Publick Cause, was there, in which we had not a very tender Regard for our own and the Nation's Friends? With what Face then can they complain of our Want of Moderation? Is it usual for Men to talk perpetually of Moderation, and to sound scarce any thing else from the Senate, the Bench, the Bar, the Press, and the Pulpit; if they never intended to practise any such Duty? Can we be thought so mad as to accuse the Tories, when they presume to inquire into any Backslidings of the Faithful, of the Want of Moderation, if we did not believe there was such a Vertue? Take a View of us in the Proceedings and Conduct of our Viceroys, our Secretaries, our Judges, our Bishops, and all our Subalterns, and then accuse us of failing in this Duty if you can? In short, give us the Power again, if you would try our Temper: For so fond were we of Moderation, that we had a Spice of it even in our Manners, our Sense, our Good-nature, our Honesty, our Religion.

Let the Union, which wants so much to be Establish'd and Fortified, be another Reason for Restoring the Whigs; who first contriv'd it, happily accomplish'd it, and seem to have a Title to take Care of it, as a Child of their own. Is it reasonable, that the Tories should step in, and reap the Fruits of our Labours? That they should run away with the Glory of a Treaty, and leave us the Shame of a Confederacy? Must we lose a convenient Place to land our New Revolu [Page 28] tions in? Did we for this send for them of the North to be Catechiz'd under our Secretaries, that they should revolt, and go to the Episcopalians for Confirmation. I appeal to that truly Learned and Honest Statesman, Mr. Daniel de Foe, who has so bravely attempted to free that Nation from the last Resort to England, and so boldly advanc'd our English Lords to a Degree of Honour, surpassing Turks, Indians, and other inferiour Trucebreakers; nay, has compar'd them even to the King of S, Whether now the Honey-Moon is over, and the Jointure and separate Maintenance settled, the Bride, as he well expresses it, be not as willing as We to part? Does he not assure us, That We united with them as Presbyterians? And are not Presbyterians Whigs? Now if they turn Tories, how can the Treaty be observ'd, unless We are again Restor'd, and Put into a Power and Capacity of Keeping Them Right?

But there is another prevailing Argument, that ought to plead for Us: I mean, the due Application of that Noble Invention, call'd a Sponge. Let the Tories deny if they dare, that the Whigs were the Authors of this curious Device, and in how critical a Juncture was it found out? Just as the growing Debt of the Nation was Rising to so prodigious a Sum, as must make that Admirable Rarity of immediate Use and absolute Necessity. Whereas under the Dilatory Conduct of the Tories, the long Entail of Debts under which the Nation groans, is in a fair Way to be secur'd: Our Merchants who have studied the Wars so long, are now like to be paid the dull old Way of Interest and Principle, without any Prospect of shorter Methods: Not the least Hopes of Plunder are left them: Nor so much as the airy Appear [Page 29] ance of a New Revolution, tho' they have been Wrangling and Quarrelling for it ever since the old one.

If we are not to be restor'd to all our Power, yet trust us only with the White Staff, with the Magician's Rod; for what Tory of the Pack, Red hot or Moderate, will ever handle it to so good an Advantage, or do so many Romantick Feats with it as when it was in our Hands? It fortified those who were within the Circle, and made those without dance after us to no Purpose. Was there ever a nobler Piece of Enchantment acted in the Hay-market? Did we not raise Castles, build Fleets, kill Giants, destroy Monsters, erect Palaces, mount Witches upon Broomstaves, and employ Devils without Number? And was it not reasonable we should be paid for a Raree Show, so wonderful and surprizing? Let others raise Millions to end the War, we did it to carry the War on. It is true, the Present Sett of Men write a good Hand, understand Accounts, and can form a Ballance or Sum Total to Admiration: Give us the Power then; make us the Squires, and let them be our Stewards and Baileys. I am sure, if we are not soon reinstated in the Treasury and Exchequer, the Tories will begin a most terrible and bloody Persecution; and no less than the total Overthrow and Massacre of the Whigs will satisfy them: for what a Temptation will it be to that honest Party to desert, when it is no longer for their Interest to be Whigs? Tho' they cannot be Trusted, yet they will Trust, which is bad; where Seven or Eight per Cent. is the Reward of their Faith, the Tories are sure to cut them off at a Blow; For where their Treasure is there will their Heart be also.

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Have we any Regard to sweet English Freedom? any Detestation of Chains and Slavery? Let the Whigs be Restor'd; the great Patrons and Supporters of Liberties. Whilst they Reign'd was there any Complaining of Oppression? any extraordinary Business at the Old Baily, the Secretary's Office, or before the Attorney General, or Serjeant at Arms? Were there any accumulative High Crimes, any constructive Treasons, or any Scandal by Interpretation? Was there any Dread upon the Subject from Committees of Affections, or of Examinations? Did not the Press, and the Bar, and all Sorts of Pulpits, run Riot as they pleas'd? The Church, the Throne, the Mitre, together with the dead Letter of the Law and the Gospel were not exempted: All the Restraint was, that no one should teach Fundamentals, or should libel the Saints and the Elect, and was not this just and reasonable? But to what Extravagances of Tyranny are the Tories now hurrying? If we Whigs do but sin over our old Precedents, and claim the Rights and Liberties, which, because they were our own, we very equitably denied to others; presently they step in, and plead those very Laws, and would inflict those very Penalties, which we made and settled, as if they, forsooth, the sworn Enemies of the Government, were upon a Level with its best Friends and Supporters? Nay, are they not making what Haste they can to Remove those Incumbrances which lay hard upon the Crown, which we plac'd there, on Purpose to embarrass the Prerogative, and make the Assertors of Liberty necessary, and fit to have all the Power? These the Tories are now throwing off, and ungratefully attempt to load them on our Shoulders, who despise their Malice, and at the [Page 31] same time laugh to see their Folly, in admiring and contemplating the happy Union between Majesty, Goodness, Piety, Compassion, and Tenderness, whilst they want the Sense to improve a Royal Foible: and know not the right Use they ought to make of those convenient Vertues, tho' they have our Instructions ringing in their Ears, and our Examples fresh in their Memories.

Let any of the Hack-Writers among the Tories tell me, whether they ought not to be restored to Power, who best know how to keep and defend it? How can they expect to stand long, who are so easily blown down with every Puff of Wind? Whereas we, who make Storms, can abide them. A civil Message, a Frow, a short Billet, or even the Blasting of the Breath of the Royal Nostrils, could send the poor heartless Tories packing; and deprive them of all; whereas we stood out manfully, bullied the State, defied, swagger'd, talk'd of our Generals, our Admirals, our Rights, our Riches: Appealed to the Army, cried out for Help to Holland, bid the Bank stand by us, and like brave Champions, neglected nothing that was for our Honour and Safety; and here I must beg leave to make use of the Prince of Conde's Words upon another Occasion, How well do such Men deserve Power, who could so bravely defend it! What have we done, that we did not and do not still justify? Have they convinced us of any one Fault? They must be shallow Politicians indeed, who can believe, that since we were turned out with so much Difficulty, we shall not find it easy to come in again.

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There is an Argument, upon which the Roman Catholicks value themselves more than upon any other; they say, that Protestants allow Salvation in their Communion, tho' the Papists deny Salvation in a Protestant Communion; when it is much the safest way to be a Papist: Because both Sides agree, that he may be saved: Whereas the Protestant has only the Word of his own Party for his Security: And this Argument gives the Catholicks much the best of the Lay. Now tho' the Whigs have all the Aversion in the World to Popery; yet they never thought it a good way to take Advice of an Enemy, and to learn his Ways; Reason is to be heard from whatever Quarter it comes: And therefore with a great deal of Justice, they have palmed the very same Argument upon the Tories; we deny them the very Power and Possibility of being honest Men or good Subjects: And we have good Grounds for this, how otherwise would such a Practice consist with the great Duty of Moderation, which every Body knows we profess. And according to this Perswasion, when we were in Power, we would not leave so much as one of them in the Ministry. But on the other Hand, the Tories, tho' they clamour at the very Word Moderation, do not deny us the Possibility of being good Subjects: For when they are in, they admit great Numbers out of our Party, to be Partners of their Power; trust, caress, and believe us, let us into the Secret, and divide the Profits with us; when a Man therefore turns Tory, he runs much the greatest Hazard of Exclusion: But all is Rugg, as the Gamesters say, with the Whigs; and this is another never failing Reason, why the Whigs will, and shall, and must prevail. [Page 33]

Great has been the Triumph of the Rampant Party, upon the going off of the Mob from their antient Allies; and after they were raised by us, declaring for the Enemy. It was pleasant, to see us raking in the old Tory Pamphlets, for Railery against Tumults and Rabling: tho' upon the first Importation of a few Colours from Flanders, and the Assurances given us by Irish Tom, who had fixt the Time to May-Day, we firmly believ'd, we should have them again on our Side: and then those Reasons and Raileries would revert to their first Owners. However a Reason is good, if it serves the Turn but for ten Days; and tho' by our Moderation, we suffer'd the Parsons to pass among their Neighbours for ordinary Monsters, and little Devils only of about two Years old, so that the Rabble began to think 'em very good Play-Fellows; and tho' we made such a Noise and Ostentation of our Wealth, that our loving Subjects began to think of claiming their Part in the Plunder: Yet now these things are all over, we have stood the Shock much better than the Tories used to do, when they were attack'd by the very same Weapons; and there is all the Reason to believe, that the Tories will soon take their Turn; for that Poverty we have brought and entailed upon the People, will soon make them mutiny against their present Directors, tho' they are not in Fault, before they can retrieve our Mismanagement. The Octobrians, as the hot Weather comes on, will perhaps begin some Gambol or other, dress a Scare-Crow for us, or it may be, give us some very great Rogue or Raparee in Distress, as bad as our selves, that we may have Pitty upon him. When other People get to be as rich as we are, [Page 34] there will be many Mouths watering at them too: Especially, if they have the same Occasion that we had, to proclaim our Wealth, and let the World know where our Mines lay. Whatever happens, the Mob must be with us, and bring us in again like a mighty Torrent; for it is not to be expected, they should part with their old Friends for a hasty Word, or for one rash and inconsiderate Action.

We have been told indeed, that our Political Lies and Pious Frauds were ill Contrived, and worse Managed; and that at present we are utterly exhausted. The Ingratitude of the Tories is indeed in this Case never to be Palliated or Allowed for; when they gave out, that we were Enemies to the Church, that we were Fierce, Immoderate, Implacable in our Tempers, that our Avarice was Insatiable, and we should Spoil, Plunder, and Devour all that came in our Way, and that we were Enemies to the Prerogative, and Hereditary Insulters of Monarchy: We did them the Favour to make their Words good in every Particular, so soon as ever it came to the Tryal; but when we represented them as Papists, French-men, Jacobites, Tyrants, Perkinites, and Blood-suckers; they gave the Lie to every Name, so soon as ever it was in their Power; pursued the War with France, were hearty for the Succession, secured the Publick Debts, declared for the Indulgence to Dissenters, and even let Us go unpunished. But what then? Tho' this Bite failed, have we not another? Are we so exhausted? Did we not presently give out, that they never intended all this, but comply'd with it, because they found it necessary at present: Tho' we knew there was no Proof but our [Page 35] Scandal, that ever they intended otherwise? Did we not assure the World, that some of their Leaders were Whigs in Masquerade, tho' we know, that They know that we would have Hanged them as the worst of Tories, who never herded with us, but to Betray and Undermine us, and that we shall never forgive them the Late Turn? And did we not presently trump up a Distinction of Old and New Whigs, and give out that the New Whigs, most of which were of the Late Ministry, were False Brethren, and as such ought to be divested; and that most of the New Ministry are Old Whigs, and ought to be joined to the Old Whigs of the Late Ministry, so that it may be a Whig Ministry still? Have we not perswaded the Town, that the October Men, and their Adherents, are Mortal Enemies to the Present Ministry, tho' we know the secret Correspondence between them, and that their Demands are Concerted; and then, because of their Numbers, made the Pretence to Ruin us, as if the Ministry could not help it? And after all these pretty Inventions, are we Exhausted? are we Drained? Has not the Town bob'd at these Baits, swallowed the Gudgeon, and listened to our Pamphleteers? and may we not reasonably hope to be restored, since we Practice our Old Arts with such Success, and our Good Genius has not forsaken us?

I could mention several other Reasons, that may induce us to Believe, we shall soon have another Turn in our Favour; such as the Great Power of Money, which is so much the Property of our Party, and which may be turned to a very good account, e'er it is accounted for, and the exorbitant Surplusage Refunded. Besides this, [Page 36] the great Increase of our Necessary Women, who are so apt to do good to the Distressed; as also the Method of the Tories, who take all Advantages of the Divisions between the Old and New Whigs, the Subscribers and Those who stand out, as we did of their Divisions: Who erect Clubs to promote their Interest by a Pretended Opposition; and in short, give into a great many of our Measures, which may at last lead them into those that Ruined Us. But I wave these Considerations: Those I have already mentioned, are sufficient for the Consolation of our Friends, and the Terror of our Enemies.

More might be said, if the Times would bear it; and less could not have been said, without wronging a Good Cause, which God, in his own Good Season, will take Care of. I hope it will one time or other be Remembered to my Advantage, That I have Dared to be Honest in a Villanous Age, and to appear boldly in the Face of the World, an Advocate and Defender of the Injured and Oppressed, who yet have Deserved other Usage from their Country. Others could write of Publicola, Aristides, Atticus, and Epaminondas, when they Flourished and were at the Head of Affairs: My Task has been to acknowledge and proclaim their Merit, and with it the Ingratitude of their Country, now they are Distressed and Forsaken. Every body sees to what a Monstrous Pitch, the known Insolence of the Tories is already Risen; for which Reason, it would have been inexcusable Hardiness in me to Publish my Name to the World, and thereby Expose my self to their Fury. I reserve my self [Page 37] for a Better Fate; tho' in Handling the Subject, I have not Spared Them: and if they should Discover me, am Prepared for the Worst that their Fury and Mad Zeal can Invent.

I expect a great many Answers to what I have written, and that I shall be attack'd with all the Ill-manners, Billinsgate, and Railery, which are so natural to the Tories: But I hope my Readers will provide against it, as well as I do, and will learn to Despise Ill-Language, and listen only to strict Fact and sound Reason. For my own Part, my Conscience is my Support; I have the Æs Triplex about me, with which the Whigs have so long stood the Shock of all their Enemies. I am conscious I have done my Duty, and leave the rest to Providence. I am sure, this is not a Time for the Whigs to sit still, and hold their Tongues, under the Discipline of their TaskMasters. I have broken the Ice, and expect that all Lovers of Truth and Friends to the Constitution should stand by, and assist me. Let the Examiner and his Brother Abel begin the Fray if they please; if they will keep close to the Subject, and argue upon the Principles of Reason and Justice, I shall attend to and answer them; but if they stick to their usual Talents of railing and calling Names, as I shrewdly suspect they will: I shall no more mind such Barkings, than if I were actually placed in the Sphere of the Moon, quite out of hearing the Clamour they make.

When I first undertook this Subject, I gave the Rough Draught of it to a very Eminent Tory, to peruse; agreeable to the Humour of his Party, [Page 38] he was in a great Heat, railed incessantly, and threatned me with an Answer. If he holds in that Mind, upon the first Appearance of his Pretended Confutation, I shall be ready with a Reply; of which timely Notice shall be given in the Review or Observator.

FINIS.

Table of contents

• QUOTATIONS OUT OF All the Proceedings, In relation to the Aylesbury-Men, Committed to the House of Commons: and the Report of the Lords Journal, &c. Printed by Order of the House of Commons, for Edward Jones and Timothy Goodwin, 1704.
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[...]

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

ONE of the greatest felicities of a free country, is, that the Laws are a common measure and standard of all men's actions, binding as well the Governors as the Governed, in their respective capacities; while in countries, groaning under arbitrary power, the rule of men's actions is unconstant, and therfore properly unknown: the Prince abolishing to day what was establish'd yesterday, and no body being sure what will or will not be decreed to-morrow; whence all security for Property is render'd precarious, and other infinite disorders unavoidably ensue. But as every thing is in perpetual motion, and that many things, which at certain times [Page 6] were not only desireable but even necessary, do, at other times, by a change of circumstances, become burthensom and very often intolerable; so the Legislative Power can apply a seasonable remedy, by explaining, amending, or repealing such Laws as are found to be either defective, or contrary to the good of the Community. In making of Laws, among all the Free Governments of Europe, the deliberations in our own are the most equitable and mature. There is nothing precipitant or clandestin; all things, on the contrary, are public and solemn: for by the usual forms of reading and passing Bills in both Houses, before they are offer'd to the Royal Assent for being enacted into Laws, there is due time given for thorowly considering the nature of the things propos'd; and for one House to correct the mistakes, or to supply the omissions of the other; as there is room for the King to stop and better advise; upon what may have unwarily or thro heat escap'd them both. On such occasions every man may be freely heard for or against the Law under debate, as it is every man's duty to assist his country no less by his advice, than by his arm or his purse. He may represent what he apprehends to be a Grievance, without fearing to be counted factious; and may expect [Page 7] redress, without being thought to claim more than his due.

THIS, I say, is none of the least benefits, which every Subject of the British Empire enjoys as his Inheritance; and by virtue of this Birthright (which makes it no less than my duty) I take the liberty, with all deference to your Judgments, to lay before your Honors some few of those Reasons I have to offer, why the Bill sent down to you from the House of Lords, Entitul'd, An act for the better securing the Dependency of the Kingdom of Ireland, upon the Crown of Great-Britain, shou'd not pass into a Law. Tis impossible for any man to entertain a more glorious Idea of our unvaluable Constitution, than I have ever done; and shou'd be very sorry in particular, that any one cou'd exceed my veneration for the Peerage, which is a most essential part of the same. But the Lords are Men no less than the Commons, and even Kings themselves, tho God's Vicegerents, are subject to human errors and frailties: which makes it necessary that the several Estates shou'd be mutual checks on each other, as it has very frequently happen'd; to the immense benefit, if not somtimes the preservation of the whole frame. Nay, when any of our Kings invaded Law or Liberty, there wanted not private Per [Page 8] sons (besides the interposition of the two Houses of Parliament) who gave loud warning of the danger; and were by all good men applauded, for postponing their own safety to that of their Country.

I SHALL be careful not to take up too much of your time, with mustering all the Observations that may be justly made upon the Bill you have before you: but of the few Objections I intend to make, the first that naturally offers it self, is taken from the Preamble, which asserts, ‘That attempts have been lately made to shake off the subjection of Ireland unto, and dependance upon, the Imperial Crown of this Realm, which will be of dangerous consequence to Great Britain and Ireland.’ Now this is a suggestion of such a Nature (but why do I call it a suggestion, when it sounds like a peremptory accusation?) that a whole Kingdom, without any the least exception, being involv'd in it; one wou'd reasonably expect, flagrant proofs of such Attempts shou'd be alledg'd, as the most proper Considerations for your passing the Bill. But no color of such a proof has been offer'd, nor indeed possibly can be. The Protestant inhabitants of Ireland abhorr from their hearts the thoughts of such Attempts. They count it their chief happiness, to be inseparably united and annex'd to the Crown [Page 9] of England, now of Great Britain. They readily acknowlege, that all the rightful and lawful Kings of Great-Britain become ipso facto Kings of Ireland (28 Hen. 8. cap. 2.): tho to take away ambiguity of Titles, contrary to the right legality of the succession and posterity of the lawful Kings and Emperors of the said Realm of England, as this Land of Ireland (to use their own words) they do from time to time make Acts of Recognition; as in the case of King Henry VIII, Queen Elizabeth, King James I, King Charles II, King William and Queen Mary, and his present Majesty. The Protestants have on all occasions no less vigilantly asserted than valiantly maintain'd the rights of the Crown of England; and very lately have been as forward as successful in suppressing Rebellions against his present Majesty, both in England and Scotland: while they kept all things quiet at home, not one Protestant refusing allegiance to King George, much less questioning the right of the Kings of Great-Britain to be Kings of Ireland. All sorts of Protestants were so much of one mind in this particular, that the Troops having been drawn out of the nation, the Dissenters, notwithstanding their legal incapacity, took arms at their own charge for the common interest; to the great joy of all good Churchmen, tho they stand in need of a pardon to this hour, [Page 10] for so seasonably obeying the call of the soverein Law, Salus Populi. (33 Hen. 8. cap. 1.) The knitting of Ireland to the Crown of England (which they hope will prove an indissoluble knot) was their own act and deed in King Henry VIII's time; as by the Act that the King and his Successors be Kings of Ireland, plainly appears, wherin it is made High Treason by word or deed to affirm the contrary: not to speak of many provisions made by their ancestors to the same purpose, when our Kings us'd the stile of Lords of Ireland. The suggestion therfore in the Bill now before your honors, that attempts have been lately made to shake off the dependance of Ireland upon the Crown of Great Britain, the Protestants of Ireland conceive to be most injurious injurions (sic) , as they know it to be altogether ungrounded; and cannot persuade themselves that you'll pass any Bill, which without, nay against all proof, lays them under so unjust and so heinous an imputation.

THE next thing, wherof his Majesties faithful subjects of Ireland think they have reason to complain is, that the said Bill suggests the Lords of Ireland, in order to shake off the dependance of that Kingdom upon the Crown of Great Britain, ‘have of late against Law assum'd to themselves a Power and Jurisdiction to examine, correct, and [Page 11] amend the Judgments and Decrees of the Courts of Justice in the Kingdom of Ireland. ’ It seems very strange that the Law or Laws are not recited, or at least that they are not referr'd to, against which the Lords of Ireland have assum'd a Judicial power. This is no more done, than the Attempts specify'd, whereby the Irish wou'd shake off their dependance upon the Crown of Great-Britain; and I am convinc'd that no Law can be produc'd to this purpose, which will not equally affect the Judicature of other Lords. But be the Judicature of the Peers in it self lawful or unlawful (which is a point wherein I shall not presume to deliver any opinion of my own ) tis nevertheless a thing certain and undeniable, that it is not only of late, as the Bill suggests, that the Lords of Ireland have exercised a Judicial power, but from the very first establishment of Parliaments there. Notwithstanding the destruction brought upon the Records of the Kingdom by frequent Warrs, yet it evidently appears by such as are left, and particularly by the Rolls of Parliament, that abundance of causes have been judicially determin'd by Parliament, especially from the Chancery side of the Exchequer. So that supposing you did admit a Judicial power in the Lords here (for making which supposition I shall presently bring my reasons) you shou'd not in common justice con [Page 12] clude any thing to the disadvantage of the Lords of Ireland, till the collection that is making of those Causes be sent over hither; which can't well be done till the Parliament sits there, and the Irish Lords appoint Commissioners to manage this affair. If what I affirm'd be on the one hand, matter of fact, as unquestionably it is; and that, on the other hand, such a power has never been question'd during so many reigns: it is certainly more than a presumtion in favor of the Irish Lords, nay, it is in my opinion a very strong argument; wheras there is no instance of an Appeal from the Chancery of Ireland to the Lords here, before the Year 1670, when there was no Parliament sitting in Ireland, and therefore no opposition cou'd be made to this innovation.

LOWER in the said Bill the Lords of Great-Britain desire it to be ‘enacted and declar'd, that the House of Lords of Ireland have not, nor of right ought to have any Jurisdiction to judge of, affirm, or reverse any Judgment, Sentence, or Decree, given or made in any Court within the said Kingdom: and that all Proceedings before the said House of Lords, upon any such Judgment, Sentence, or Decree, are, and are hereby declar'd to be utterly null and void, to all intents and purposes whatsoever.’ To this Clause alone I shall in a manner confine [Page 13] my self in this humble address, as being a thing I can never be brought to believe that any one of your number will approve, much less that you will give it the sanction of your honorable House: for as to other matters contain'd in this Bill, particularly the binding of Ireland by Laws made in Great-Britain , they are Arcana Imperii, which I am strongly of opinion ought still to continue so, and not be made the subject of public debates or writings. I shall only remark, that the truest sign of the love of Liberty in ourselves, is our loving it in others, and grudging it to none: much less to envy such a blessing to our fellow-citizens or fellow-subjects, to our own flesh and blood. The first objection which I offer against the said Clause, is the Retrospect it has; wherby all the Decrees past by the Lords of Ireland, during several Centuries, are, without any saving or exception, declar'd to be null and void. Innumerable wou'd be the dismal consequences, shou'd this pass into a Law. Most of the estates and purchases in the Kingdom, in the common opinion wou'd be unsettl'd at one stroke; and a world of families wou'd apprehend themselves to be utterly ruin'd, notwithstanding it be receiv'd for Law, that threescore year's possession makes a good Title. Who knows how soon it may be disputed, whether this [Page 14] time be equivalent to time immemorial? The strange face that this Retrospect carries with it is so manifest at first sight; that to men of your known equity, no words are necessary to move your compassion. Nor is it a consideration less moving against this Clause, without needing the help of any art, that whereas the People of Ireland were wont to have justice near at hand and even at their own doors, they must hereafter (if such a Law shou'd pass) be forc'd, to their unspeakable loss of time and expence, besides the danger of the Seas, to come over hither, whenever they conceive themselves aggriev'd by the Chancery there. This wou'd soon impoverish the richer part of that Nation, while the poorer sort must be totally depriv'd of Justice, as not being able to come and sue for it in England. The pravity of human nature consider'd, Ireland wou'd thus become, and partly by your means (shou'd you pass this Bill) the most deplorable scene of wrongs in the Universe; as indeed it wou'd be the fate of any other country under the like circumstances, where the stronger under color of Law might oppress the weaker: and we know tis a receiv'd maxim in Politics, that no Tyranny is more grievous than a Legal Tyranny.

[Page 15]

ANOTHER objection against the Clause, not less important than those I have mention'd, is, that the Lords will thus come to have the disposal of all the Property in Ireland, and the King's Prerogative be taken from him of having a Judicial power in that Kingdom, which all former Kings have hitherto enjoy'd. This looks to be no very obliging way of distinguishing King George: and, in effect, shou'd this Clause pass into a Law, the King wou'd soon find, that the Lords had drawn Ireland from him to themselves (tho they shou'd intend no such thing) by the court which wou'd be then made to them that had the power; and not to him, who cou'd no longer be able to protect his Subjects. This alone appears to me a matter of so great weight, that I cannot suppose the King will ever give his assent to such a Law; or that any Minister will hazard advising him to do so, shou'd even the Bill pass your House: which (all things consider'd) tis no way probable it shou'd, or at this present time or ever herafter. For either there is some Law extant for what the Lords suggest, or there is none. If any such there be (which I wonder is not nam'd by some of the learned in the Laws in that most honourable assembly) then the making of any new Law seems wholly needless: and if there be none, as [Page 16] people must reasonably imagine till they see the contrary, I doubt not but you'll take sufficient time before you make a new one. And truly many will be apt to suspect, that the Law at present propos'd, is not superfluously doing what is already done; but doing indirectly, what has never yet been done: namely, getting a Law enacted, tho tis not so exprest, to draw Appeals from Ireland to themselves; and so hooking in the Commons by specious pretences to grant 'em that, which all your predecessors have constantly deny'd.

THIS leads me of course to put your Honors in mind, that your House is almost as much affected by this Clause as the People of Ireland: for tho the Lords do not, as I just now said, declare in express terms that Appeals shall be brought to them from Ireland; yet considering that, since the year 1670, they have receiv'd several such Appeals, and that if there be no final Judicatory in Ireland, there must be one somwhere: considering all this, I repeat it, they do effectually bring those Appeals before themselves by a side-wind; for where can we think they'll own the dernier ressort to be, but in themselves? Farr be it from me to deny, that the Lords have not a right to that Judicial power, which they do actually exercise. This is not a matter for [Page 17] private persons to determine. But I know historically, and your own Journals (which are public Records) do prove beyond dispute, that the Commons your Predecessors, to whose right you succeed, have more than once actually deny'd, but never once allow'd this power. In May 1675, the House of Commons ‘resolv'd that there lay no Appeal to the Judicature of the Lords from Courts of Equity; and that no Member of the House should prosecute any Appeal, from any Courts of Equity, before the House of Lords.’ In consequence of this vote Serjeant Pemberton, Serjeant Peck, Sir John Churchill, and Charles Porter Esq; were committed to the custody of the Serjeant at arms for a breach of privilege, in having been of Council at the Barr of the House of Lords, in the prosecution of a Cause depending upon an Appeal. To come nearer our own time, at several conferences with the Lords, in March 1704, the Committee appointed by the House of Commons, following their Instructions, call'd the Judicial power of the Lords ‘an unwarrantable Judicature, an Encroachment lately assum'd, unaccountable in its foundation, inconsistent with the Constitution, an Usurpation, a bottomless and insatiable Gulf, which wou'd swallow up both the Prerogatives of the Crown, and the Rights and Liberties of the People.’ These, and many [Page 18] more such expressions, may be read in the Quotations, annext by way of Appendix, out of The proceedings in relation to the Aylesbury-men committed by the House of Commons, and und (sic) the Report of the Lord's Journal, &c. printed by authority of the House, in the said year, 1704.

GOD forbid, as I said before, that I shou'd ever question the Judicature of their Lordships; which, in one of those Conferences, they affirm is too sacred a thing to be touch'd: ( Pag. 48.) but if things have not since chang'd their Nature, and that you succeed to the Maxims of your predecessors, as their Committee Committe (sic) then said, that the Designs, as well as Honors of the Lords, may muy (sic) be hereditary; ( Pag. 48.) you will not I conceive pass the Clause in question, which brings that about indirectly (as above hinted) which the Commons have directly deny'd. But if Appeals are after all to be brought from Ireland, a thing however I hardly imagine you'll consent to be past into a Law: If such a thing for supposition sake, shou'd possibly happen; then tis not to be doubted, but you'll be for having those Appeals and Writs of Error determin'd by a Committee of Lords and Commons, which was the antient primitive way, and is prescrib'd in the Modus tenendi Parliamentum. This among other [Page 19] things, is explain'd with no less perspicuity than brevity in a Letter from a Member of the House of Commons in Ireland, to a Gentleman of the long Robe in England , lately publish'd. To what the author has excellently said, I add after good vouchers, that the very form of Writs of Error in Parliament is alter'd in a most material point, by whose consent or contrivance I am perfectly ignorant. It is still returnable into Parliament generally, and the Judgment is enter'd per Cur' Parlimenti. But where the antient form, which appears in Rastall's Entries, folio 302, was ‘Ut de concilio & advisamento Dominorum spiritualium & temporalium, ac Communitatum, in Parliamento nostro existentium, ulteriùs pro errore corrigendo fieri faciamus quod de jure’, &c; of late, as appears by a Writ of Error, printed in the Lord chiefJustice Saunder's second Report, folio 228 (and agreeable to that are all the modern ones) the word Communitatum is left out. If the contest be therfore about power, there is no reason you shou'd not have your share of it.

AND most certainly, whether the Lords intend such a thing or not, it will by multitudes be vehemently suspected, that it is merely out of a view to enlarge their own power, and not in reality to secure the De [Page 20] pendency of Ireland upon the Crown of Great-Britain, that they have brought in such a Bill, as they have now sent down to you; since the wit of man cannot better secure that dependence, than it is done already by Poyning's Act, and such others as explain or confirm it. (10 Hen. 7. cap. 4.
28 Hen. 8. cap. 20.
3 & 4. Mar. cap. 4. 11 Eliz. Sess. 3.
cap. 8 &c.) Therby it is provided, that all Acts of Parliament, with their causes, considerations, and articles, shall be transmitted into England, in order to be perus'd by the King and his Council; and if found good and expedient, to be approv'd and sent back, with his Majesty's Licence under the Great Seal of England, now of Great Britain, for passing the same: or if not approv'd by the King and Council, to be by them in that case alter'd, or chang'd, in whole or in part, or be quite rejected; and when any Acts are finally approv'd and sent back to Ireland, then to be past in the Parliament there without the least variation, even to a syllable, or else to be wholly refus'd. What can more effectually secure the dependency of Ireland on the Crown of Great-Britain? Who goes about to change or lessen this security? And is not the tendency of the Bill before you, to take off this dependency on the Crown, and to place it on the House of [Page 21] Lords? I don't assert that the Lords mean this; for all consequences, tho ever so justly deduc'd, are not to be charg'd as originally intended: Yet since their Designs, as well as their Honors may be hereditary, People will be apt to surmise the worst. ( ubi supra ) Nay, they'll be more jealous than ever, after the late repeated attempt of the Peerage Bill, which so justly alarm'd the whole nation; tho all has not been said against it, that may be urg'd, if it should ever appear again on the stage.

BUT, with perfect submission to your Honors, I apprehend another consequence, very dangerous indeed both to the King and his Government, from the passing of such a Bill. The hardships I have enumerated, and God knows how many more necessarily resulting from it, cannot but bear extremely hard on the Protestants of Ireland, who (their enemies themselves being Judges) have deserv'd much better usage. Besides their inviolable attachment to the Crown of Great Britain, which is a stronger hold than twice the number of any Army that ever was there; they have in a most distinguishing manner signaliz'd their zeal for the present Royal Family, and in favor of all the Laws made to [Page 22] secure their Succession. No body of Protestants (without envy be it spoken) have been more unanimous in this respect. They were the first that set a Price on the Pretender's head, and this under the most perillous circumstances to themselves, but giving in the mean time a gallant example to others. Surely this was not done, to shake off the dependency of Ireland upon the Crown of Great-Britain. Or does not this conduct, join'd to their vigorous assistance in suppressing the late Rebellions in England and Scotland, for ever destroy all such suggestions? But hinc illæ lachrymæ! Let me not however be mistaken. I shall be the last in the Nation so much as to dream, that any person of good sense or honesty shou'd harbor the thought of alienating from his Majesty, these good, these loyal people; who are most sincere assertors of his Cause, and on whom, in case of need, he may absolutely depend. But as ill men make an ill use of every thing, so tis observed of those without doors, that none express half the ardor for passing this Bill, as they who are disaffected to the King's Title, Person, and Family: a thing very remote from the intention of the Lords. For this reason, the hottest among those wou'd gladly distress his truest Friends, whom they can never forgive: while the cooler sort wou'd be content [Page 23] to separate them from his Interest, as much as they are themselves. Even Indifference in this case (for oppression makes wise men mad) is by all possible means to be prevented; for nothing is truer, than that they who are not for us, are against us: for which, and diverse other considerations, tis hop'd by all true lovers of his Majesty, and especially by those who have the dependency of Ireland on the Crown of Great-Britain really at heart, that you will never give your consent to this Bill.

UPON the whole you'll make no difficulty of acknowledging, that there is a vast difference between Ireland's being annext to the Crown of Great-Britain, and being subject to the Lords of Great Britain. These possess already as much power as they can reasonably desire, without any need of grasping at more, to the entire undoing of their innocent neighbors. Nothing shou'd be attempted that might bring about the possibility of a Union of civil interests between the Protestants and Papists of Ireland, whose antipathies and animosities all sound Politicians will ever labor to keep alive. I know certain folks have it much in their mouths, that the Out-provinces of a Go [Page 24] vernment, can never be held under too severe a rein, when the very contrary of this is true. History cannot afford one example, where any Out-province or remote Colony, ever rebell'd against the mother country, or chief seat of Government, but thro insupportable rigor and oppression. Thus Tacitus judiciously observes, that the Roman Commonwealth fell under the power of the Emperors, from the Out-provinces not being longer able to endure the tyranny of the Senate. Cicero does somewhere paint those injustices of the degenerate Senate to the life: nor are we to forget, that the greatest enemies are reconcil'd on such occasions. Tho Cesar for ten years together had been butchering and enslaving the Gauls, yet the miserable remains of that nation gladly follow'd him, to have the satisfaction of repaying Rome in the same coin of rapine and murder. That, in short, will be found true in all Governments, which the Privernates answer'd the Romans, that if they granted 'em good conditions their Union wou'd perpetually hold; but if unjust, it cou'd not be very lasting. In that time of Virtue, this Declaration made 'em thought worthy to become Romans.

[Page 25]

A MAN or two, who wou'd be thought profoundly wise, whisper about in a very mysterious manner, that this Bill is only a Preliminary to an Union with Ireland on equal terms, as has been not many Years since effected, with relation to North Britain. These are persons us'd to catching of Gudgeons, and so think it will be no difficult task to impose on Irish understandings. But the best-natur'd, that is, the silliest among 'em will be apt to ask, what need of so much ceremony? when the thing, if really intended, may, instead of this Bill, be fairly propos'd, and transacted aboveboard. I say, instead of this Bill, the tenor of which (as the Irish Lords, long before it was broach'd, have, in their Representation, which wirh (sic) great strength of argument and fact demonstrated) tends to the altering of a Constitution, which has lasted above five hundred Years; ay, subverting of it, to the no small injury, if not imminent danger, both of the King and his subjects. The Parliament of Ireland is as good as annull'd by it, since the Lords are not only declar'd to have no Judicial power in Civil Causes; but have none expresly reserv'd to them in Criminal Causes, by Impeachments from the Commons. Now, if they are any other than nominal, than mock Lords, and yet are non Judices; will it not be a natural [Page 26] Question to ask, how other Lords come to be Judices? Your Honors, in the mean while, by dropping or rejecting the Bill, neither assert the Judicial power of the Lords there, nor condemn that of the Lords here, but leave things in statu quo; besides that, you'll by this procedure, keep a just curb on ill dispos'd persons: for some men, in that very Kingdom, are known enemies to Parliaments; men in Employments and certain Lawyers, who are strongly inclin'd to be arbitrary, tho pretending to a greater knowledge of Equity than others. These, as a truly great man observes, are averse to Parliaments, for the same reasons that Monasteries and Fryeries desire to be exempted from their Bishops; they wou'd not have an Inspector of their actions so near them.

THE Premisses duly consider'd, with other better Reasons, easily furnish'd by your own superior wisdoms, no man can be apprehensive that you will pass the Bill sent down to you by the Lords; or lend a helping hand to increase the power of the Peerage, which in the end, may destroy the Balance of the Legislature, and subject these Nations [Page 27] to an Aristocracy, the natural passage to an Oligarchy, as that is to the Tyranny of one Person,
Quod procul a nobis flectat Fortuna gubernans. [...]

[...]

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

THERE is nothing more remarkable in the Conduct of the Writers against their Country, than repeating the same Things, and insisting on the same Points, after They have been often confuted and expos'd. There is, perhaps, some little Policy in this manner of Writing, which may prove of Advantage to their Patron. It may serve his Purpose, for want of [Page 4] other Expedients, at a critical Point of Time. It may divert the Attention of the Publick from fresh Inquiries, by engaging their thoughts on the same exploded Topicks. It may give a Cue to his Creatures what is expected from them, and furnish them with Arguments, such as They are, for answering those Expectations and supporting Him in his Measures.

This Winter hath been very fruitful of ministerial Apologies. We have had Observations on the Writings of the Craftsman; a Sequel to the Observations; farther Observations; Sedition and Defamation display'd; the Crisis; a Defence of the Measures of the present Administration; and Considerations on the present State of Affairs; besides the weekly Artillery of those regular, standing Troops, the Authors of the London Journal, the Free Briton, the Flying-Post, and their auxiliary the Daily Courant.

But as the chief Stress, in Point of Argument, seems to be laid on the Considerations, I shall confine my Remarks to that Piece, though it contains only a confident Repetition of Assertions, which have been often proved false, and of Reasonings upon them, which have been as often refuted. It is, in the main, only a Re-publication of the Enquiry, long since neglected and despised, but newmodell'd indeed, in some Parts, according to the Circumstances of the Times, and accommodated to the present Scheme of Affairs. I shall therefore be very short in my Observations on these Heads.

‘That the Treaty of Vienna ’, says our Author, ‘was the only Source and Foundation of all the Troubles, that have distracted Europe for some Years past, must be allow'd by all’; though He knows very well that This hath long been a Point in Dispute, very strongly controverted; and He cannot be ig [Page 5] norant that, in the general Opinion of Mankind, it hath been determin'd against Those, who advanc'd it. Did He never read John Trot's Letters upon this Subject; or, does He think that no Body else hath read them? Other Reasons may be there found for the Troubles of Europe, especially with Relation to Great Britain, than the Treaty of Vienna; but there is no End of repeating the same Things. I must therefore refer the Reader to those excellent Pieces; and shall only observe, in general, that it is far from being allow'd by all that the Treaty of Vienna was the only Source of all our Troubles, as this Writer asserts; or that the Union of the two Families, which He mentions, was ever design'd; for all the Endeavours of France, England and Holland have not been since able to prevail upon the Emperor to consent to a Measure, which tends most effectually, in the present Circumstances of the two Families, to unite them; I mean to produce a Reunion of their Dominions; but not in the House of Austria, as He supposes; for I take Don Carlos to be a Branch of the House of Bourbon; and therefore if the Contingency, which He mentions, should happen, and the Marriage, with which We have been so often threaten'd, should take Place, the Dominions of Spain and the Empire might be united in that Family.

The Assertion of secret Engagements, in the Treaty of Vienna, to deprive us of some of our Possessions and most valuable Privileges of Trade, is likewise repeated by this Writer; though the Course of so many Years as have pass'd since the Conclusion of that Treaty, and even our Reconciliation with Spain have not yet brought any of those Engagements to Light. Did the Design of the Ostend Company proceed from the Treaty of [Page 6] Vienna; or was not that Charter granted long before, upon the Pretension of a natural Right, not alienated by any Treaties? How does it appear that the Demand, which Spain made, of the Restitution of Gibraltar was a Consequence of any Engagement in this Treaty? Hath it not been fully proved, on the contrary, that their Pretensions to this Place, whether just or not, were always founded on a Letter, written by his late Majesty, now publick? How does it appear that the Emperor ever concurred with the Court of Spain in any Design to deprive us of that inestimable Possession; or gave them any Assistance, when They actually besieged it? Lastly, how does it appear that either Spain or the Emperor had concerted any ProLject, in Favour of the Pretender? Did not his Imperial Majesty disown any such Design in the most solemn Manner; and hath not the King of Spain confirm'd his Asseveration, even since their Disunion, by a particular Clause in the Treaty of Seville, in which that Charge is call'd a Pretence only?

In short, the Treaty of Vienna, according to my Apprehension, hath never yet been proved to be any Thing more than an Accommodation of Differences between those two Courts, not in the least dangerous to us, after they had thought Themselves very ill used by the Mediators, on whom they relyed. Sending back the Infanta from France was such an Indignity as the Court of Spain must certainly resent; and though our Author is pleas'd to assert that the Conduct of Great Britain gave neither the Emperor nor Spain the least Pretence for a Complaint; I must take the Liberty to contradict Him, and can look upon such an Assertion in no other Light than as a shameless Insult on the common Sense and Knowledge of Mankind; [Page 7] for without insisting on the Refusal of the sole Mediation, hath it not been often urg'd by these Writers Themselves that our Defeat of the Spanish Fleet in the Mediterranean lay still at their Hearts; and hath it not been as often proved that the Conclusion of a private Treaty at Madrid, without the Knowledge of the Emperor, whilst He continued under our Mediation, gave Him some Reason to be offended, and to call our Impartiality a little in Question?

As these Reasons have been repeated in all our anniversary Pamphlets, to justify the Expediency of the Treaty of Hanover; so our Author is not ashamed to speak in the same Manner concerning the Accession of other States to this Treaty; though every Body knows that Holland acceded to it, under very large Restrictions; (not to say any Thing of the Peace, which was made for them with the Algerines) and it cannot be forgot that one of the Reasons, urg'd by Count Horn to the States of Sweden for their Accession, was that the Treaty of Hanover did not lay them under so many Obligations as former Treaties; though they had a Subsidy of fifty thousand Pounds a Year, for three Years; both from England and France, as a Consideration for acceding to it. I shall say nothing of the Convention of Denmark; because it does not appear that We paid any Thing for it; and I am at a Loss to think what Reason there can be for any new Convention with that Court, as We have been lately inform'd there is, which may be the Occasion of new Expences to this Nation; but it is plain, from this Account, that the formidable Union of Spain and the Emperor gave these two Courts no Alarm. They took Occasion to make a Penny of it, and were well paid for being ready to muster; that is, They have hitherto received their Money for being Faggots.

[Page 8]

Let us now see whether the Consequences of the Treaty of Hanover will not justify our Account of these Accessions. It was said, at first, to be a defensive Treaty only; and, indeed, it contain'd no offensive Stipulations, any more than the Treaty of Vienna. Holland would not have enter'd into it, even under the Limitations, upon which she acceded at last, if it had been an offensive Treaty; and neither Holland nor France did any Thing more, than prepare Themselves against Attacks; but England hath been charg'd with acting offensively, by sending two Fleets of Ships of War, one to the West-Indies, and the other to the Mediterranean. The former of These block'd up the Merchant Ships of Spain in their Port and lay in the most unwholsome Climate in the Universe till the Ships were almost destroy'd, and scarce Men enough were left alive to bring them back in that ruinous Condition. The Consequence of This was, that Spain interrupted the British Commerce in all Parts, and plundered our Merchants without any Reprizals; for though the Considerer speaks of Hostilities between the Crown of England and of Spain, I do not remember any Hostilities that We have been guilty of towards Them, since the blocking up their Galleons. The War between Us and Spain seems to have been carried on in much the same Manner with That, mentioned in Terence,

In the mean Time, France and Holland were permitted to carry on their Trade, without Molestation; as They suffer'd the Spaniards, in Return, to besiege Gibraltar, without furnishing any Quota of Men, Ships, or Money, for the Defence of it; and indeed England, being thus charg'd with beginning Hostilities, was in [Page 9] a manner left without any Ally; engaged by the Treaty of Hanover to assist the other contracting Parties, in case They had been attack'd; but not intitled to their Assistance, when her own Possessions were attack'd; because she stood charg'd with being the Aggressor. How this Step was understood by Spain, appears from the Marquis de Pozzobueno's ^* Letter to the Duke of Newcastle, the 1st of January, 1726-7; and surely, it could never be imagin'd that any other Interpretation could be given to such a Measure!

The Considerer having laid it down as an Axiom, which must be allow'd by all, and supported by undoubted Evidences in Facts, as He speaks in another Place, that the Treaty of Vienna made Counter-Allyances necessary on our Part, proceeds to shew that an Allyance with France was the most proper Allyance in this Cafe.

He allows, indeed, that ‘an Allyance with Holland, whose Interests in most Respects is inseparable from That of England, was certainly the most natural and obvious on this Occasion; but, it seems, the Constitution of that Republick makes it almost impossible to keep a Negotiation secret there.’ Now, I cannot see any Reason why a Negotiation may not be kept as secret there as in any other Court. I confess, indeed, that when a Negotiation is form'd into a Treaty, it cannot be kept secret; because it must be brought before the States for their Consent; and I should be glad to know what good Purpose it can serve to keep any Treaty secret, after it is once concluded. I am sure, such clandestine Treaties have serv'd many a bad Purpose in our own Memory.

[Page 10]

Another Reason, given by our Author, for not treating with Holland, upon this Occasion, is that ‘We are farther remov'd from any sudden Resentment; and therefore it was thought the most adviseable Step, for the common good of both Nations, that England should first strengthen herself by an Allyance with some other considerable Powers, whose Interest it is to check the Imperial Power; and as the Opposition between the Emperor and France must be constant in all Junctures and Events, and Allyance with France was certainly the most natural Allyance England could have, in this Case.’

I have put the Author's Argument in its full Strength, as He hath stated it, that He may have no Reason to complain of Misrepresentation; and I will leave the World to judge whether it can do his Cause any Service; for if England is farther remov'd from the Effects of any sudden Resentment, why should she be the first to provide against Danger, and to strengthen Herself with any Allyances? Why did not France lead the Way; since the Consequences of the Vienna Treaty were so formidable to that Crown? Or what Danger could We apprehend from that Treaty, when the Opposition of France to the Emperor was so certain, and the Interest of Holland made it so necessary for Her to court our Allyance, without any private Restriction, or preliminary Services? May it not likewise be ask'd, whether there is not as constant a Jealousy and secret Rivalship between France and England, as between France and the Emperor?

The Considerer seems to allow that France abstractedly hath no great Concern for the Rights and Possessions of Great-Britain; but then We are told that the Union of Spain and the Emperor, which must create the greatest Alarm and Uneasiness to [Page 11] France, would keep her faithful to her Engagements in Point of Interest, as long as that Union subsisted. If so, was it our Interest to dissolve that Union; or can We rely on the Fidelity of France with the same Confidence, after the Cause of her Apprehensions, by the Dissolution of the Vienna Treaty, is remov'd? May not this Separation of Spain and the Emperor be follow'd by a new Union between France and Spain, more formidable to Us than That, which We have dissolv'd? Or, may it not be ask'd, why We converted the defensive Treaty of Hanover, which was so wisely projected for the Peace of Europe, and the Interest of Great-Britain, into the offensive Treaty of Seville? For the Stipulation of Spanish Troops, in Contravention to the Quadruple Allyance, is certainly an offensive Stipulation, whether it should be ever executed or not; and We see that it hath already put Europe in Arms.

Yet this Separation of the two Courts, of Vienna and Madrid, hath been extoll'd as the greatest Master-piece of Politicks that any Minister ever performed; though one would think it did not require any extraordinary Address to dissolve an Union between two Crowns, which hath been so often represented unnatural and unaccountable in the very Foundation of it. Did not the Emperor's Ministers shew more Dexterity in cultivating such an Union; the same Ministers, who likewise found Means to detach the King of Prussia from the Hanover Allyance; though the Interest of the two Families of Brandenburg and Austria were incompatible? But this Author, it seems, is of another Opinion; and We are given to understand that nobody but a Machiavel could have negotiated Spain into such a Temper, as to abandon in [Page 12] tirely the Imperial Court; to quit her vast Expectations from thence; and to enter into a strict Union with the Hanover Allies. Pray, Sir, what vast Expectations do you mean? The great Advantages of the Vienna Treaty were formerly supposed to lye on the Side of the Emperor; and if Spain had any Expectations of establishing the Succession of Don Carlos by an Union with the Emperor, They found Themselves disappointed; for as beneficial as this Allyance was to Him, He would never consent to that Succession, upon their Terms. Nay, if We may believe the Considerer, Spain was so far from having any reasonable Expectations of this Nature, that one Design of the Vienna Treaty was to defeat the Succession of Don Carlos. As This is a very extraordinary Argument, in Justification of the Treaty of Seville, I will quote it at length. ‘The Conduct of the Emperor, in endeavouring to delay and disappoint the Introduction of neutral Garrisons and the Succession of Don Carlos; and the Steps taken with That View, in the Vienna Treaty, without the Consent of England and France, contracting Parties to the Quadruple Alliance, sufficiently justified England and France in making this Variation, without the Consent of the Emperor.’ Is it not very surprizing that Spain should pay so dear for a Treaty, which was calculated to disappoint her most favourite View? Is it not very mysterious that in a Treaty, which was projected with a Design of uniting the two Families by Marriages, and laying the Foundation of an universal Monarchy in Europe, any Steps should be taken to defeat the Succession of a Prince, in whose Person this formidable Conjunction of Dominions was to take Place? If This was one of the Designs of the Vienna Treaty, it must [Page 13] indeed be confessed a very unaccountable Allyance; and the Merit of having dissolv'd it will be greatly diminish'd. Neither can We wonder at the Conduct of the Emperor in this Case; for how can We think it strange that He should endeavour to defeat the Succession of Don Carlos, by the Introduction of Spanish Troops into Italy, when Spain herself had concurred in taking Steps, with that View, in the Treaty of Vienna? But the Author must have certainly been half asleep and nodding over his Treaties, when He let such Stuff fall from his Pen. I shall therefore consider this Affair a little farther, as if no such egregious Blunder had been committed.

At the Time of making the Hanover Treaty, the Emperor's Conduct, with respect to the Succession of Don Carlos, was not thought a sufficient Reason for violating that Part of the Quadruple Allyance, which related to it. The Proposition of 6000 Spaniards, instead of 6000 Neutrals, seems to have been disapproved by England at the Congress of Soissons; and never relish'd, till some short Time before it was made a Stipulation of the Seville Treaty; that is, some Time before the Meeting of Parliament, last Year. The Consent of the Empire was obtain'd, and the Letters expectative deliver'd before the Differences between the Empire and Spain were adjusted; so that the Emperor had made all his Engagements good; and Spain ought to have call'd on the Neutral Powers, who were to garrison the Places, at their own Expence, to perform their Engagements, as well as the Emperor. None of the Parties seem'd to think that there had been any affected Delay at Vienna in that Matter; but though the Quadruple Treaty says that 6000 Neutrals are to be [Page 14] introduc'd, it does not say when. The Consent of the Duke of Tuscany was sought; whether ever obtain'd, I know not; but in the Year 1723, (Octob. 25,) He protested, by a solemn Act at Cambray, against the Stipulations of the Quadruple Allyance, relating to his Dominions; which ^* Act was repeated and confirm'd the 26th of January following. Spain never liked this Stipulation; and before and at the Congress of Cambray desired 6000 Spaniards; but the French, at that Time, did not care to risque and Accession of Power to the Crown of Spain, any more than the English. Both apprehended the King of Spain, at that Time, to have a Design of setting aside the Renunciations, founded on the Treaty of Utrecht, and of uniting France and Spain. The Persons in Power, in France since the Duke of Bourbon's Removal, have been thought to wish for such an Union; but as the French King hath Sons, those Designs must be laid aside; and as France hath now no Reason to fear such an Accession of Power as Tuscany would be to the Crown of Spain, it is her Interest to promote the Introduction of Spanish Troops; which may oblige the Emperor to keep a greater Body of Forces than formerly in Italy; by which Means France will meet with less Opposition, if ever They attack Him in Germany; as Spain will have a favourable Opportunity of enlarging their Territories in Italy; and This will be a Foundation of Friendship between those Crowns.

The Queen of Spain could not have desir'd the Change from neutral to Spanish Troops, but upon the Hopes that her Son may be King of Spain; [Page 15] the Prince of Asturias being very sickly and not likely to have Children.

It is said that France and England are Guaranties for the Emperor's Dominions in Italy against any Encroachments, which Spain may attempt to make upon them.

I answer, that the Purposes of the Quadruple Allyance would have been effectually secur'd by neutral Troops; but it is extremely probable that the Introduction of Spaniards will be follow'd by Invasions on the Emperor's Dominions; for though the Introduction of only 6000 Spaniards is stipulated, yet if They are put in Possession of Leghorn, They may admit as many more as They please by the Help of their Fleet, which is large enough for that Purpose, and will be as good as a Bridge between Italy and Spain. In this Case, France will not be very forward, to execute their Engagements of Guaranty in the Emperor's behalf; and if England does, she must lose her Trade to Spain and to Leghorn. If France should think fit to quarrel with the Emperor, she will encourage Spain to invade his Italian Dominions; and when the Emperor complains of it, They will, without much Difficulty (according to the modern Way of interpreting the Obligations of Treaties) find out some Act or other of the Emperor, which They will alledge as a Reason for his having forfeited a Right to that Guaranty. But surely Princes should endeavour to concert their Treaties in such a Manner, that there may be Reason to hope their Guaranty will not be wanted, and not so as to be almost sure that it will! In this latter Case, a Foundation is laid for a War; and as it will be the Interest both of France and England not to quarrel too easily with Spain, on Account of the Benefits [Page 16] of trading with Them; so the Emperor will not trust very readily to their Guaranty.

The Quadruple Allyance directed that when Don Carlos was in Possession, Spain should yield up to Him Porto Longone, which is now in the Hands of that Crown. The Reason of This was, that They might have no Place to land Troops at, to disturb him at their Pleasure. I don't remember that the Seville Treaty takes any Notice of This.

How can this Author say, p. 40. that the Introduction of Spaniards was necessary for the effectual Security of that Sucession? The Treaty of Seville it self expresses an Apprehension of Danger to that Sucession from Spanish Troops; and stipulates that when Don Carlos is in quiet Possession, those Troops shall withdraw; that thereby it may be secure from all Events. The Provisions, in the Quadruple Allyance, against the Introduction of Spaniards, are founded on the same Apprehension; and though the Treaty of Seville says that They shall withdraw, when Don Carlos is in quiet Possession; yet who is to be Judge when that Possession may be said to be quiet and free from Danger of being disturb'd? Will not the King of Spain take the Decision of that Question upon himself, and give his Troops Orders to keep Possession of those Dominions, if He finds it his Interest? It cannot surely be doubted whether 6000 Neutrals are more proper for the effectual Security of that Succession than 6000 Spaniards, unless upon the Supposition that Don Carlos should be King of Spain, with which Crown the Possession of these Dominions was made incompatible by the Quadruple Allyance. Neutral Troops would oppose all Attempts from the Emperor, or from Spain in Prejudice of this Succession; and Time and Experience have [Page 17] fully shewn that they may be more readily introduc'd; the Emperor having long since declared that He is willing to consent to their Introduction, and that he will not consent to the Introduction of Spaniards.

But if the Emperor's Conduct justifies the Measures of the Seville Allies, what have the States of the Empire done to deserve this Treatment? Why should the Parties to the Quadruple Allyance engage, by the Treaty of Seville, to introduce Spanish Garrisons into their Fiefs, without their Consent, when the same Parties have declared that the Dominions in question cannot be dispos'd of without their Consent; nay, have engaged Themselves in a Guaranty of this very Provision? If the Emperor consents to this Variation, as it is call'd, without their Concurrence, He will involve Himself in the Guilt of violating the Oath, taken at his Election, and be liable to the divested of the Imperial Dignity. The Imperial Ministers have declar'd This in very strong Terms in a Paper, handed about at Ratisbon, in answer to another Paper, said to have been written by Monsieur de Chavigny, the French Minister there; and in that Paper They assert that, by a secret Article of the Treaty of Madrid, in 1721, between France, Spain and England, the Introduction of Spanish Troops was stipulated. If This is true, it is very astonishing; and I hope the Considerer will allow that it might give the Emperor some little Pretence to complain of our Conduct, whilst He looked upon us as his Friend, and We were acting the Part of a Mediator. But certain it is that, in the Year 1721, a defensive Treaty was made between those three Powers (besides the Treaty of Commerce between Spain and England) and the Number of Troops to be fur [Page 18] nish'd by each was specify'd. This Treaty was carry'd on so privately, that neither Count Windisgratz, nor Baron Pentenrieder were able to penetrate into the Secret of it. This Treaty is printed in Rousset, (Tom. 4. p. 101.) though a certain Gentleman asserted that the Treaty of 1721 was only a Treaty of Commerce, at which the Emperor could take no Offence.

It is said expressly in that Paper, agreeably to what was always said by the Publick, that the Plan of the Quadruple Allyance was settled by France and England, and by Them sent to Vienna; and that these two Powers offer'd Sicily to the Emperor, before Tuscany and Parma were brought into Question; and indeed there are not any Words, in the Quadruple Allyance, which can lead one to imagine that Sicily was the Equivalent given to the Emperor for the Successions of Tuscany and Parma.

If the present Scheme of Negotiations is to bring the Emperor into the Treaty of Seville, in Case the States of the Empire will consent to the Introduction of Spanish Troops, and to promise his Endeavours to obtain their Consent, Affairs will be in a worse Situation than they were in at the Time of the Quadruple Allyance; and if the Emperor should be secure against any Danger from the Turks, He would certainly do what lies in his Power to prevent them from giving their Consent.

Thus stands our Case at present, and such are the Consequences of the happy Conclusion of the Treaty of Seville; which our Author calls, in several Places, a perfect and absolute Peace with Spain; though He drops an Observation, in one Place, that a War in Italy (which is the natural Consequence of this Treaty, unless prevented by some lucky Incident) must affect the whole Confederacy on [Page 19] each Side; that is, involve all Europe in a War. He tells us likewise that, by this ‘absolute Peace with Spain, all our Rights, Privileges and Possessions are renew'd and confirm'd; reasonable Stipulations are made for Reparations of past Damages; and the strongest Obligations given for putting our Trade on the Foot of former Treaties.’ Such gross Assertions as These, the dull Crambe repetita of every Court Scribbler, require no Answer. They deserve only our Contempt. I shall therefore pass over all his trite Panegyrick on prudent and steady Measures; (which He afterwards calls, somewhat more properly, an Appearance of Steadiness and Force;) successful Negotiations; unwillingness to put the Nation to an extraordinary Expence, by any unnecessary Precautions; the happy Effects of the Treaty of Hanover; and the happy Conclusion of the Treaty of Seville! I will not, I say, endeavour to rob any Persons of the secret Pleasure and Gratification, which such Incense may give them.

But as this whole Deduction of Arguments is evidently made to recommend the Continuance of twelve Thousand Hessian Troops in our Pay; I will consider that Affair, as it deserves, in a manner partly serious and partly ludicrous; for though the Case of these Troops is become a Point of very sober Consequence to Great-Britain; yet the Reasoning of this Author, in their Behalf, is so ridiculous, that it is impossible for the gravest Man to preserve his Temper, and forbear bursting out, now and them, into a Fit of Laughter.

In order to obviate the Clamours industriously raised against the Hessian Troops, which this Nation hath of late Years, been oblig'd to maintain, (for I shall not enter into any Debate, at present, concerning [Page 20] the Number of our Forces at home) He engages to prove that They were first taken into our Pay, and since continued, in Consequence of Treaties, made for the Interest of Great-Britain, and the Preservation of the Peace and Ballance of Europe, independent of any other Interest and Consideration whatsoever.

If He had succeeded in this Undertaking, it would have saved me the Trouble of any Remarks; but I think it demonstrable that He hath not brought one tolerable Argument to support his Proposition. That the Hessian Troops were taken into our Pay, in Consequence of Treaties, I shall not deny. Whether those Treaties were made solely for the Interest of Great Britain, and the Preservation of the Peace and Ballance of Europe; appears in some Measure already by the happy Effects of them, and my preceding Observations. But let us now examine a little more particularly how the Interest of Great Britain, as well as the Peace and Ballance of Europe, makes the Continuation of this great Expence necessary to us.

The Considerer tells us, that immediately after the Conclusion of the Treaty of Hanover, the Consequences of the Vienna Treaty began to shew themselves openly, and obliged his late Majesty to apply to his Parliament for extraordinary Assistance; which was agreed to, says he, by an Address of the House of Commons, on the 25th of March, 1726, who desired Him ‘"not only to encrease his Number of Seamen, but to concert such other Measures as would best conduce to the Security of the Trade and Navigation of this Kingdom and the Preservation of the Peace of Europe; with Assurances that They would effectually make good All Such Expences and Engage [Page 21] ments, as should be made for obtaining those great and desireable Ends’ A most ample Vote of Credit indeed! I hope it is not quoted by Way of Precedent, or to prepare the Nation for one of the same Nature this Year.

‘At this Juncture’, says the Considerer, ‘and in Consequence of the Measures, concerted between his Majesty and his Allies, the late King agreed with the Landgrave of Hesse Cassel for a Body of twelve thousand Hessians, to be ready to march for his Majesty's Service upon Demand.’

We are told that France likewise increas'd their Forces very considerably, for the Sake of the common Cause; and that the Dutch, having acceded to the Treaty of Hanover, immediately proceeded to an Augmentation of their Troops; requiring at the same Time that England and France would have their respective Quotas of twelve thousand Men in readiness and at Hand for the Defence of the Republick, in Case of an immediate Attack; which They had more Reason to apprehend than any of the Allies, on Account of their Situation, with Respect to the Imperial Garrisons in the low Countries, on one Side, and their being exposed, on the other, to the Forces of the King of Prussia, who had been lately gained by the Emperor From hence it appears very plainly that England need not have courted Holland into an Allyance, which was so necessary to her Defence against immediate Attacks, whilst England was far removed from the Danger; and I have shewn before that France was still more concern'd in Point of particular Interest, to oppose the Designs of the Vienna Treaty; though I hope it will prove at last, that she had some Regard to the common Cause in the Augmentation of her Forces; [Page 22] but it is certain, from this very State of the Case, that England, being thus remotely concern'd in the Consequences of that Treaty might have hold a slower Pace and involv'd her self in fewer Inconveniences than she hath felt, as well as procur'd more Advantages than she hath gain'd But let us hear the Considerer a little farther.

‘This equitable Demand’, says He, ‘on the Part of the States could hardly have been answer'd by the King, if He had rais'd no Troops but in England.’ Why? ‘Because the Dutch, it seems, are too well acquainted with the Accidents of the Sea, and the Difficulties and Delays, which attend the Transporting great Bodies of Troops, to depend upon such Help in a Case, which if it happen'd at all, would be sudden and too quick to be withstood by slow Movements.’ Therefore it is necessary to keep twelve thousand foreign Troops in constant Readiness, at the Expence of Great-Britain, to march to their Assistance.

This is surely one of the most frivolous Arguments that was ever advanc'd in a Point of such Consequence. Will any Man, except this Author, pretend to say, that the Accidents of the Sea, and the Difficulties of transporting Troops from England to Holland, are a sufficient Reason for the Expence of maintaining such a Body of foreign Troops? What Power could intercept them? France was an original Ally in the Treaty of Hanover; and surely Spain was not able to cope with the Fleets of England and Holland! Nothing therefore but the common Accidents of the Sea could interrupt our Succours; and are We to avoid them, by such a constant Burthen of Expence, as a Land Tax of six Pence in the Pound, and, what is still worse, carried out of the Kingdom? But even allowing That to [Page 23] be true, against the Evidence of common Sense, will it be said that these Troops are the most properly plac'd for this Purpose in case of Need? Can We suppose that the Landgrave of Hesse would leave his own Dominions in a defenceless Condition, in case of any sudden Attempt from the Vienna Allies, and march immediately to the Assistance of Holland? Or, even supposing Him so honourably regardless of his own Safety, as to run any Hazards in the Execution of his Engagements; might not the March of these Troops into Holland be attended with many more Accidents, Difficulties and Delays, than the Transportation of Succours from England ?

But there is another Consideration, which renders this Argument still more ridiculous. The Considerer seems to allude to the Case of Embden, when He speaks of our Obligations to support Holland against the Attacks of the King of Prussia; whereas the Troops of Hesse Cassel can never be employ'd to assist the Dutch to protect that Place against the Execution of a Decree of the Aulick Council. It appears from the Papers in Rousset (Tom. 4.) that the States of Holland don't pretend to dispute the Authority of that Court of Justice. They only sollicited the Court of Vienna to suspend the Execution of that Decree, in hopes that Matters might be amicably made up between the Prince and the States of East Friesland. They exhorted the Prince to desist from the Rigour of that Decree in his Favour, and say that They are interested in the Consequence of the Execution of it, as it may be the Expulsion of their Garrison, which They have kept there 120 Years, to secure the Observation of Conventions between the Prince and States of East Friesland. They say likewise that the Money lent by their [Page 24] Subjects to the States of East Friesland will be in Danger of being lost, if the Form of Government, establish'd in that Country, should be chang'd; and farther, They have always desired their Allies to support their Instances at the Court of Vienna for the Mitigation of this Decree. They at length say (July 9, 1728.) that They hope the Allies will consider This as Casus Fœderis. They desire it may be carried to the Congress. Count Zinzendorf denies it to be a Matter, that can be considered there, because the Decree of the Aulick Council regarded only the Administration of Justice in the Empire. When France was call'd upon to back the Instances of the States at Vienna, she said that she would, from Affection for their Interests; insinuating that she was not oblig'd. Let any one therefore judge whether in a Matter, thus circumstanc'd, and thus thought of by one of the Allies of Hanover, a Prince of the Empire would run the Hazard of being put to the Ban of the Empire for opposing, by his Troops, the Execution of a Decree of a Court of Justice of the Empire. See Rousset, Tom. 4. p. 498, &c.

Nor can these Troops, or the Troops of Hanover (which are said likewise to be considerably augmented upon the Hanover Treaty) be employ'd, for the same Reason, to make a Diversion in Germany, by attacking the Emperor's hereditary Dominion, or otherwise acting offensively in the Empire, without offending against the Laws of the Empire. The Elector of Hanover, and the Landgrave of Hesse Cassel are oblig'd, as Members of the Germanick Body, to assist the Emperor to protect the Rights and Privileges of the Empire, when invaded by any Attempts to introduce Troops into their Fiefs without their Consent; which Consent the contracting [Page 25] Parties to the Seville Treaty have declar'd, by the Treaty of Quadruple Allyance, to be necessary; and unless there is some other Treaty besides That sign'd by Lord Townshend and General Diemar (for That refers only to the Case of the Hanover Treaty) there can arise no Case upon the Seville Treaty, which will oblige those Troops to act either offensively or defensively.

Our Author proceeds in the following sagacious Manner. ‘But here, perhaps, it will be ask'd what hath Great-Britain to do with this String of foreign Troops? What have We to apprehend from the Forces of Prussia, Moscovy, or the Emperor? What Good can the Swedes, the Danes, the Hessians, or the Hanoverians do us?’ Aye, what indeed? Our Author would do well to give a better Answer to these Queries. But He goes on with the same judicious Observations. ‘It was our Business to lie by; to wait; and see the Consequences and Events of the Vienna Treaty, and to take our Measures accordingly, at a proper Season.’ No Doubt on't, Mr. Considerer; but you seem to think that you have cut us quite down in what follows. It would be unfair therefore not to quote it. ‘This indeed’, say you, ‘would have been a prudent Step, if the Terms of the Vienna Treaty, and the Measures taken, and the Forces rais'd in Consequence of it, by the contracting Parties, had not been directly levell'd at the Interest of GreatBritain. This would be a very plausible Doctrine, if the Possessions of Gibraltar and Port-Mahon; if the Trade to Italy and Spain, to the East and West-Indies, and the Baltick; if the Ballance of Europe, and the present, happy Establishment were become indifferent Things to this Nation; as indeed, one would think, They were, especially the last, by the [Page 26] weekly licentious Writings of some Gentlemen, who would be thought to be Men of no little Consequence.’ I have but a single Objection to all this Vein of shrewd Reasoning; which is, that every one of the Points, mention'd by the Author, remains to be prov'd, as I have observ'd before; and if They cannot be proved, He plainly owns the Folly of our Conduct. As to the last Point, I shall have Occasion to consider that Charge in another Place; and will only observe, at present, that those Gentlemen, to whom He alludes, cannot have discover'd a greater Indifference to the present, happy Establishment, in their weekly, licentious Writings, than some other Gentlemen have discover'd, by their extraordinary Measures, to the Trade of this Kingdom and the Ballance of Europe; the former of which is, I am afraid, too manifestly negotiated into French Hands, and the latter very much impair'd, in its most beneficial Branches, by some late wise Treaties.

Having given us these exquisite Reasons for taking the Hessian Troops into our Pay, He produces a Muster-Roll of the Forces on both Sides, as They stood in the Year 1727; which I shall draw up in opposite Columns, or (to use the Author's Words) in Battle Array, against each other.

[Page 27]

I wonder the Considerer, when He was giving us a List of the confederate Forces, (as He expresses it) on both Sides, should forget our great Ally, the Duke of Wolfenbuttle; who enter'd into a Guaranty of all the British Dominions; and stipulated, I think, to furnish a Body of 5000 Men, in Case of need; but perhaps, He consider'd the secret Articles of that Allyance; by which it is provided that these Troops are not to move out of Germany in our Defence. Let us therefore return to the State of two Allyances of Hanover and Vienna, as They stood in the Year 1727; upon which our Author makes the following Remark. ‘Thus Matters stood in 1727, when almost all the Powers of Europe were, directly or indirectly, engaged and ranged on the Side of the Treaty of Vienna or Hanover.’

I hope He will give me Leave to add my Opinion that this Arrangement of the Forces, in re [Page 28] gular Battalia, on both Sides, shews the busy Genius of some Gentlemen, who have taken great Pains to arm all Europe, at the Expence of their own Country; and if They should be able to disarm it again, at an equal Expence, what other Merit will They have, than That of conjuring down a Spirit of their own raising? But the Reader will perceive that the Considerer grows quite ludicrous, towards the latter End of his Performance; and the Laugh would be justly turn'd upon us, if We should enter into a grave Confutation of his Arguments.

He seems to insunate, by this List of the Forces on both Sides, that instead of 12,000 Hessians our excellent Ministers ought to have demanded 83,000; and that it is owing to their extreme Moderation, that the desireable Work of a Peace hath not been yet accomplished; for, according to the Rule of Three, if 12,000 Hessians can procure us a Peace in five Years, 83,000 Hessians would have done it in about the seventh Part of that Time.

To shew that the Hanover Allies went on, Hand in Hand together, He tells us that the Dutch not only augmented their Land Forces, but had likewise made Preparations to fit out eighteen Men of War. Nay, He might have added that They actually shew'd out a Fleet, at Spithead, for several Months together; and though it might not, perhaps, be victuall'd and provided for any farther Voyage; yet it must be confess'd to be an Appearance of Steadiness and Force, at least; and considering the great Advantages, which England hath reap'd from the Hanover Allyance, it may be put in Ballance against the several great Squadrons, which she hath been at the Expence of sending to all Parts of the World.

[Page 29]

As to the French, the same Author tells us that They had got every Thing ready for taking the Field. The only Question was Where They should take the Field; and at last a very wise Thought jump'd into the Head of a certain Gentleman, viz. to whose Advantage the Events even of a successful War might turn; which hath hitherto prevented them from taking the Field any where.

However, this equal Co-operation of the Hanover Allies, with our Hessian Auxiliaries, made the Emperor look about Him, and consent to a Plan of Preliminaries; which would certainly have produc'd an absolute Peace, long before the Treaty of Seville effected it; had not Spain been provok'd at these Steps, taken without her Approbation, and entertain'd some small Hopes of Disturbances in England, on Account of the late King's Death. It may be ask'd, perhaps, what Hopes, of this Nature, Spain could possibly entertain upon his present Majesty's Accession to the Throne with the general Acclamations of all Parties? I answer, from the Change of the Ministry; which would have occasion'd Disturbances, no Doubt, of the utmost Consequence to all Europe.

However, these separate Negotiations with the Emperor (which his Ministers were artfully drawn into) gave such Umbrage to Spain, that They likewise came into separate Negotiations with us and concluded that absolute Peace, call'd the Treaty of Seville, which gave the Emperor Umbrage, in his Turn; and This is the Foot, which We stand upon at present.

Here the Considerer asks another wise Question; or, which is much the same Thing, puts it into the Mouth of an Adversary.

‘But of what Use’, says He, ‘can the Hessians be for the Execution of the Treaty of Seville; and [Page 30] particularly for the Introduction of Spanish Garrisons into Tuscany and Parma?’

In Answer to This, the Considerer gives us many weighty Arguments, to shew that these Troops are of the utmost Use, not only upon this Occasion, but likewise upon all Occasions, that can possibly happen in Europe.

In order to set this Matter in the clearest Light, I must desire the Reader to recollect that it appears by the Account of the two Allyances, as it stood when Spain and the Emperor were together, that the Land Forces on the Vienna Side over-ballanc'd Those of the Hanover Allies by 83,000 Men; but the Forces of Spain, (viz. 60,000) being taken from one Side and plac'd to the other, will make the Confederates of Hanover more numerous than Those of Vienna by 37,000; from whence it may be inferr'd, perhaps, that there is not so great a Necessity of the 12000 Hessians; which would be true, if it were fix'd on which Side the Hessians are to be; but as it is yet impossible to know which of the two Powers (Spain or the Emperor) will be most refractory; and as Care must be always taken of the Ballance of Europe; it follows, according to this Gentleman's incomparable Reasoning, that there will always be a Necessity of keeping up the Hessians, whether the Emperor or Spain stands out, or both, in order to maintain the Ballance of Europe.

In short, I cannot compare the Author's Reasoning, in this most excellent Dissertation, to any Thing, but a strong Chain, consisting of several Links; each of which, as it is infrangible in its self, so is it inseparable from any of the rest. It is necessary therefore to lay it out at its full [Page 31] Length, in order to form a true Judgment of it, and then observe how the whole is connected for the Interest of Great Britain.

In demonstrating the Necessity of keeping up the Hessians, the Author proceeds in the following Manner; and the first Joint of his Sorites, or Rat's Tail, is a Postulatum, which nobody must deny, viz.

• 1 . p. 6 It must be allow'd by all that the Treaty of Vienna laid the Foundation of a formidable Power in Europe, by the Union of the two Families, of Spain and Austria.
• 2. p. 8. The Vienna Treaty made the Counter-Allyance of Hanover absolutely necessary.
• 3. p. 14. The Treaty of Hanover made it necessary to take 12,000 Hessians into our Pay.
• 4. p. 15. That the Accidents of the Sea made it necessary to keep up the Hessians, for the Protection of Holland.
• 5. p. 27. The Jealousy of the French and Dutch of the Advantages to Great Britain, by the Assiento Trade, made it necessary to keep up the Hessians.
• 6. p. 28. The Peace not being yet concluded, at the Congress of Soissons, made it necessary to continue the Hessians.
• 7. P. 29. If We had appear'd at the Congress in a naked Posture, by disbanding the Hessians, the French would not have stood by us in Defence of Gibraltar or Port-Mahon. Therefore it was necessary to keep up the Hessians, that We might be in a Readiness to assist France, in order to make France ready to assist us.
• 8. p. 32. The Treaty of Seville could never have been accomplished without the Hessians; and therefore the Security of our Possessions and the full [Page 32] Enjoyment of our Commerce, as well as the Separation of Spain from the Emperor are intirely owing to the Hessians.
• 9. p. 34. As the Hessians were necessary to make the Emperor and Spain quarrel, so they are no less necessary to make them agree; and consequently it is necessary to keep up the Hessians, till the Peace of Europe is absolutely concluded.
• 11. p. 36. As there are now but small Hopes of gaining the Emperor's Consent to the Introduction of Spanish Troops, by Way of Negotiation; and as it is impossible to do it by Force, without the Hessians; Spain hath a Right, by the Treaty of Seville, to demand the Hessians; for why should England expect to reap the Fruits of successful Negotiations, without Expence?
• 12. P. 42. The Emperor having, at present, a large Body of Forces in Italy, makes it necessary to keep up the Hessians.
• 13. Ib. France being both unable and unwilling to make a Diversion upon the Rhine or in Flanders, it is necessary to keep up the Hessians, for this Purpose likewise.
• 14. P 45. The Weakness of the Emperor is as good a Reason as his Strength for keeping up the Hessians.
• 15. P. 47. It is plain that the Hessians are not kept up, for the Sake of the King's foreign Dominions; and yet his Majesty hath a Right to demand the Hessians, for the Defence of those Dominions.
• 16. 15. (sic) P. 51, 52. The Distress of Trade, the Loss of Gibraltar and Portmahon, the Reparation of Dunkirk, the Violation of all our Treaties, the total Subversion of the Protestant Establishment in the House of Hanover, and throwing the whole World [Page 33] into Confusion, will be the fatal Consequences of disbanding the Hessians.

From whence it follows that it is a most abominable Practice to talk of the Debts of the Nation, and sending Money abroad to pay foreign Troops in a Point of such publick Utility as the Hessians. The Hessians! who are the Triarii of Great Britain; her last Resort in all Cases, both in Peace and War; both at Home and Abroad; howsoever ally'd, or wheresoever distress'd!

But we must now be a little serious again; for the Subject requires it, though not the Author of his Manner of Reasoning.

‘Although this Deduction’, says He, ‘is gone into so great a Length; yet it seems necessary, before I conclude, to remove some Insinuations, industriously spread against the Hessian Troops; as if they were not hired, or continued in our Pay, for the Sake and Interest of Great Britain.’

I think the Author Himself hath pretty plainly confirm'd the Truth of such Insinuations; but He prudently lays them to the Charge of the Enemies of the Government; (that is of the Ministry;) who are, in a Manner, defy'd to produce one Reason or Fact, during the Negotiations and Transactions of so many Years, to shew the Probability of such an Imputation; and if the Author is rightly inform'd, not one Word had pass'd for some Years, before the Conclusion of the Treaty of Vienna, about Bremen and Verhden. Though I am no Enemy of the Government, I very much suspect the Truth of this Information, and think myself able to prove the Falshood of it; but as I have not Room to enter into such a Deduction, at present, I shall content myself with presenting the Considerer with a Passage out of the Works of one of his Fellow-Labourers in the Ministry; by Name Francis Walsing [Page 34] ham, Esq; who, in Order to shew the superior Fidelity of the French to the Germans, gave us the following judicious Intimation, in his Free Briton of Thursday November the 26th, 1730, No. 52; ‘Had the antient Proverb of German Faith been infallible, a certain great Prince had granted an Investiture; which He once solemnly promised, on a very valuable Consideration; nor would He have expected a Million Sterling, as a refreshing Fee.’ I do not quote this low Fellow, by Way of Authority, but only for the Sake of Information; for as contemptible a Writer as He is in Himself, He sometimes blabs out Secrets, which are intrusted to Him, in Confidence, by his Pay-master. I wish therefore He would let us know, who this certain Prince is, what Investiture He means; what valuable Consideration was paid for it; and from Whom that Prince hath expected a Million Sterling, as a refreshing Fee The Resolution of these Questions might, perhaps, clear up the Dispute, whether Sicily was granted as an Equivalent to the Emperor for his Consent to the Disposition of the Italian Dominions, in Favour of Don Carlos.

The Votes of Parliament, which the Author quotes in Justification of the Hessians, and for the Support of his Majesty's foreign Dominions, are very little to the Purpose; because what is prudent at one Time may not be prudent at all Times. Besides, I presume, this Author will not insist upon a Vote of Parliament as an unanswerable Argument in it self for the Wisdom, or Reasonableness of any Measure. The Defeat of the Spanish Fleet in the Mediterranean, if I mistake not, was voted by Parliament a wise and just Action; and yet our Ministers seem to have quite different Sentiments of it, at present.

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The Considerer puts the Dominions of Hanover upon the same Foot with all other Dominions in Allyance with us; and from thenc argues that they have an equal Right to our Protection; especially if they were attack'd out of Resentment for his Majesty's Conduct as King of Great Britain. But, even supposing This to be the Case, are they not a Weight upon the Strength of England? Are they not a constant Pledge, as it were, in the Emperor's Hands; which may tempt Him, at any Time, to insist upon high Terms? Or would it be in his Power to molest us at all, if it were not for these Dominions?

The Author speaks out at last, and tells us very plainly that though ‘there is no formal Allyance between Great Britain and Hanover (the Quality of King and Elector residing in the same Person) yet the Union between the two Governments, and the Obligations of mutual Defence and Guaranty are as strongly and necessarily imply'd, as the most formal Treaties and Conventions could possibly make them.’

What Union of the two Governments can the Author possibly mean? Though We have the Happiness of living under the same Prince, I thank God, We do not live under the same Form of Government. Ours is limited; theirs is absolute; and whilst this Difference subsists, there can be no Union between them. But if the Obligations of mutual Defence and Guaranty are as strongly and necessarily imply'd as the most formal Treaties and Conventions could possibly make them; I should be glad to be inform'd what Effect that excellent Provision in the Act of Settlement can ever have, which was made to secure us from the Danger and Expence of Wars, on Account of any Dominions, not belonging to the Imperial Crown of these Kingdoms.

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The single Question is (as our Author states it Himself) whether the Continuance of the Hessian Troops, in the Pay of Great Britain, be for the Honour and Interest of the King and this Kingdom; which, I hope, hath been fairly examined in the preceding Pages.

The only Observation, that I shall make farther, is, that though our Author desires this Controversy may be confin'd to the true Merits of the Question, without any Misrepresentations; yet He concludes with the basest Reflection on those Gentlemen, who differ from Him in this Measure, as Persons, who are really grieved, not that We have any Thing to do with Hanover Dominions, but that We have any Thing to do with the Elector of Hanover.

As infamous as the Design of this Reflection is, I will venture to say there are multitudes of Persons, in this Kingdom, zealously affected to the Elector of Hanover, who heartily wish that We had nothing to do with the Hanover Dominions; but We must always expect these mean Arts from Men, who want better Arguments; for as no Bishop, no King was the Cant-Expression of one Reign; it is now turn'd into no Wle, no House of Hanover!

But We trust in his Majesty's Wisdom, that He will not only separate the Royal Character from the Minister, but likewise consider Himself in a double Capacity, as King of Great Britain and Elector of Hanover. He will have the Goodness to excuse the laudable Partiality of Englishmen towards their own Country, and not make the Case of Twelve Thousand Hessians (which They may apprehend to be an useless Burthen upon them) the only Criterion of Loyalty to his Person and Affection to his Government.

FINIS. [Page [i]] [Page 1]

Table of contents

• THE TRANSLATOR TO HIS COUNTRY.

[...]

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

MY last to your Eminence was but short, in regard I had been but a short time in this Countrey, I have now made a longer sojourn here, and taken a leisurely information of all matters; therefore I shal give your Eminence an account proportionably: For by conversation with the most indifferent, and intelligenc'd men, and by communication with the Ambassadors here resident, I have taken some paines to pump out the truth of things.

I find, that angry star, which hath lowr'd so long upon Eu [Page 2] rope in generall, hath been as predominant, and cast as direfull aspects upon this poor Iland, as upon any other part: Truly, my Lord, in all probability this people have pass'd the Meridian of their happinesse, and begin to decline extreamly, as well in Repute abroad, as also in the common notions of Religion, and indeed in the ordinary faculty of Reason: I think verily the Ill Spirit never reign'd so much in any corner of the earth by those inhumane and horid things that I have observ'd among them, Nor is it a petty Spirit, but one of the greatest Cacodæmons that thus drives them on, and makes them so active in the pursuance of their own perdition.

To deduce matters from their Originall, Your Eminency may please to understand, that this King at his accesse to the Crown had deep debts to pay, both of His Fathers, and his own, he was left ingaged in a fresh warre with Spain; and had another presently after with France, and both at one time, but he came off well enough of those: Afterwards never any Countrey flourished in that envied happinesse, and wanton kind of prosperity; This City of London was grown to be the greatest Mart, and mistresse of Trade, of any in the world, Insomuch, as I have been certainly inform'd, the King might have eaten meerly upon His customes 4000 crownes a day: Moreover, she had a vast bank of money being made the scale of conveying the King of Spaines treasure to Flanders: Insomuch that in a few yeers she had above ten millions of his moneys brought hither, which she might have remitted in specie or in marchandize, and for which this King had five in the hundred for coynage: Yet could he not get beforehand with the world, having a sister with so many Nephews and neeces, having a Queen with diverse children of His own, (at least 16 of the Blood-Royall) to maintaine, with divers profuse Courtiers besides, which made Him more parsimonious then ordinary. The Warres then growing more active 'twixt Spaine and France, as also 'twixt Holland and Spaine both by Land and Sea, and divers great Fleets of Men [Page 3] of War as well French (who were growne powerfull that way) as Dunkerkers, Spaniards, Hollanders, and Hamburgers, appearing daily in His narrow Seas, and sayling close by His Chambers, the world wondred this King had no greater strength at Sea, in case that any of the foresaid Nations should doe him an affront, as some of them had already done, by denying to dash their Colours to His Ships: Insomuch that in Holland and other places he was pasquill'd at, and pourtrayed lying in his cradle lullaby'd and rock'd asleep by the Spaniard: Hereupon being by advertisements from His Agents abroad, and frequent advice of His Privie Councell at home, made sensible of the danger, and a kind of dishonour he was falne into, and having intelligence that the French Cardinall began to question his title to the Dominion of the Narrow Seas, considering He employed no visible power to preserve it, He began to consult of meanes to set forth a Royall Fleet: but in regard the Purse of the Crowne was lightly ballasted, and that he had no mind to summon the three Estates, because of some indignities he had received in former Parliaments by the Puritan party, (a race of people averse to all Kingly Government, unlesse they may pare it as they please) his then Atturney Generall, a great cryed-up-Lawyer, put it in his Head to impose an old Tax called Ship-mony upon the Subject, which the said Lawyer did warrant upon his life to be Legall, for he could produce diverse Records how many of his Progenitors had done the like: The King not satisfied with his single opinion, referred it to His Learned Councell, and they unanimously averred it to be agreeable to the Law of the Land; yet this would not fully satisfie the King, but He would have the Opinion of His twelve Judges, and they also affirmed by their severall vouches the said Tax to be warrantable; Hereupon it was imposed and leavied, but some refusing to pay it, there was a suite commenc'd, during which all the Judges were to re-deliver their opinions joyntly, and the businesse being maturely debated and canvased in open [Page 4] Court divers months, and all arguments produc'd pro & con, nine of the said twelve Judges concluded it Legal: Thereupon the King continued the imposition of the said Tax, and never was money imployed so much for the Honour and advantage of a Countrey, for he sent out every Summer a Royall fleet to scowre and secure the Seas; he caused a Galeon to be built, the greatest and gallantest that ever spread saile: Nor did he purse up, and dispose of one peny of this money to any other use, but added much of his own Revenues yeerly thereunto: So the world abroad cried up the King of England to be awake againe; Trade did wonderfully encrease, both Domestic and forrein in all the three Kingdomes; Ireland was reduced to an absolute Settlement, the Arreares of the Crown payed, and a considerable Revenue came thence cleerly to the Exchequer of England every year, the salaries of all Officers, with the pay of the standing Army there, and all other Charges being defrayed by Ireland her self, which was never done before. Yet for all this height of happinesse, and the glorious fruites of the said Ship-money, (which was but a kind of petty insensible Tax, & a thing of nothing to what hath happened since) there were some foolish people in this Land which murmured at it, and cryed out nothing else but a Parliament, a Parliament; and they have had one since with a vengeance.

But before this occasion, it was observed, that the seedes of disobedience, and a spirit of insurrection was a long time engendring in the hearts of some of this peace-pampred People, which is conceived to proceed from their conversation and comerce with three sorts of men, viz. the Scot, the Hollander and the French Huguenot. Now an advantage happened that much conduced to necessitate the convoking of a Parliament, which was an ill-favoured traverse that fell out in Scotland; For the King intending an Uniformity of Divine worship in all His three Kingdomes, sent thither the Lyturgie of this Church, but it found cold and coorse entertainment there, for the whole [Page 5] Nation, men, women and children rise up against them: Hereupon the King absolutely revoked it by Proclamation, wherein He declared 'twas never His purpose to presse the practice thereof upon the Consciences of any; therefore commanded that all things should be in statu quo prius, but this would not serve the turn, the Scot took advantage hereby to destroy Hierarchy, and pull down Bishops to get their demeanes: To which purpose they came with an Army in open Field against their own Native King, who not disgesting this indignity, Mustred another English Army; which being upon the confines of both Kingdomes, a kind of Pacification was plaistred over for the present. The King returning to London, and consulting His second thoughts, resented that insolency of the Scots more then formerly: Hereupon He summons a Parliament, and desires aid to Vindicat that Affront of the Scot. The Scot had strong Intelligence with the Puritan Faction in the English Parliament, who seemed to abet his quarell, rather then to be sensible of any nationall dishonour received from him; which caused that short-lived Parliament to dissolve in discontent, and the King was forced to finde other meanes to raise and support an Army by private Loanes of His Nobler sort of Subjects and Servants: The Scot having punctuall Advertisments of every thing that passed, yea, in the Kings Cabinet Councell was not idle all this while, but rallies what was left of the former Army (which by the articles of Pacification should have been absolutely dismissed) and boldly invades England, which he durst never have done, if he had not well known that this Puritan Party which was now grown very powerfull here, and indeed had invited him to this expedition, would stand to him. This forrein Army being, by the pernicious close machinations of some mongrell Englishmen aforementioned, entred into the Bowels of the Country, the King was forced to call this present Parliament, with whom he complied in every thing, so far as to sacrifice unto them both Iudge, Bishop, Councellor and Courtier; yea, He yeilded to the tumbling down of many tribunalls of Justice, which were an ad [Page 6] vantage to his Prerogative; He assented that the Prelates, who were the most Ancient and Prime Members of the upper House, and had priority of all others, since the first constitution of Parliament in the enrollment of all Acts, He assented I say that these, who were the greatest prop of His Crown should be quite outed from among the Peers; He granted them also a Trienniall Parliament, and after that, this Perpetuall; which words, to the apprehension of any rationall man, carry with them a grosse absurdity in the very sense of the thing: And touching this last Grant, I had it from a good hand, that the Queen was a friend to this Parliament, and your Eminence knowes how they have requited Her since, but the maine open Councellor to this fatall Act was a Scot.

Now the reason which they alledged for this everlasting Parliament was one of the baldest that ever I heard of, it was, that they might have time enough to pay the Scots Army, whereas in one morning they might have dispatched that, by passing so many Subsidies for that use, and upon the credit of those, they might have raised what money they would.

The Parliament finding the King so pliable, and His pulse to beat so gently, like ill-natur'd men they fall from inches to ells in seeking their advantages: They grew so peremptory as to demand all the military strength of the Kingdom, the Tower of London, with the whole Royall Navy, which they found in an excellent equipage, gramercy shipmony; so that the benefit of Ship-mony, which they so clamoured at, turned most to their advantage of any thing afterwards.

The Scot being Fidler-like returned to his Country with meat, drink, and mony, the King went a while after to keep a Parliament there, wherein he filled every blank, they did but ask and have, for He granted them what possibly they could propound, both for their Kirk and State, many received Honour, and they divided Bishops Lands amongst them: for all which unparallel'd Concessions of Princely grace, they caused an Act already in force to be published, viz. that it should be [Page 7] damnable Treason in the highest degree that could be, for any of the Scots Nation conjunctly or singly to levy armes, or any military Forces, upon any pretext whatsoever, without His Majesties royall Commission; and this they caus'd to be don by way of gratitude, but how they perform'd it afterwards the world knowes too well.

The King returning to London, in lieu of a wellcom to his two Houses of Parliament (to whom also before his departure he had passed more Acts of Grace then all his Progenitors, take them all in a lump) they had patch'd up a kind of Remonstrance, which was voted in the dead of night, wherein they expos'd to the world the least moat in former government, and aggravated to the very height every grievance, all which the King had redressed before; and this Remonstrance, which breath'd nothing but a base kind of malice, they presented as a nosegay to their Soverain Prince, to congratulate his safe return from a forren Countrey; which they caus'd to be printed & publish'd before he could give any answer thereunto. The King finding such a virulent spirit still raign in the House, and knowing who were chiefly possess'd with it (whom he had impeach'd before, but saw he could get no justice against them) in such an extremity, he did an act like a generous Prince, for taking the Palsgrave with him, he took the first coach he met withall at his Court gate, and went to his House of Commons in person to demand five Members, which he would prove to be Traitors in the highest degree, and to be the Authors of all these distempers, protesting upon the word of a King, that they shold have as fair & legall a tryall as ever men had; in the interim he only desir'd that their persons might be secur'd: The walls of both Houses, and the very stones in London street did seem to ring of this high cariage of the Kings, and the sound went thence to the Countrey, whence the silly Plebeians came presently in whole heards to this City, and strowting up and down the streets, had nothing in their mouths, but that the priviledg of Parlement, the priviledg of Parlement was broken, though it be the known cleer Law of the Land, that the Parlement cannot supersede or shelter any treason.

The King finding how violently the pulse of the grosly seduced people did beat, and there having been formerly divers rio [Page 8] tous crues of base Mechaniques and Mariners, who had affronted both his own Court, and the two Houses besides, which the Commons, to their eternall reproach, conniv'd at, notwithstanding that divers motions were made by the Lords to suppresse them, the King also having private intelligence that there was a mischievous plot to surprize his person, remov'd his Court to the Countrey.

The King departing, or rather being driven away thus from his two Houses, by this mutinous City, he might well at his going away have obraided her in the same words as Henry the 3. did upbraid Paris, who being by such another tumultuous rabble driven out of her in the time of the Ligue, as he was losing sight of her, he turn'd his face back, and sayed, ‘Farewell ingratefull Cittie, I will never see thee again till I make my way into thee through thy Walls’: Yet, though the King absented himself in person thus from the two Houses, he sent them frequent messages, that they wold draw into Acts what he had already assented unto, and if any thing was left yet undon by him, he wold do it; therfore he will'd them to leave off those groundles feares and jealousies wherwith they had amus'd both Cittie and Countrey; and he was ready to return at all times to his Palace in Westminster, provided that his Person might be secur'd from the former barbarisms & outrages: But in lieu of a dutifull compliance with their Prince, the thoughts of the two Houses ran upon nothing but war: The King then retiring into the North, & thinking with a few of his servants only to go visit a Town of his, he was denied entrance by a fatall unlucky wretch, who afterwards was shamefully executed, with his eldest son, by command of his new Masters of the Parlement: The King being thus shut out of his own town (which open'd the first dore to a bloudy war) put forth a Declaration, wherein he warn'd all his people that they should look to their proprieties, for if Hee was thus barr'd of his owne, how could any private Subject be sure to be Master of any thing he had, and herein he was as much Prophet as Prince; For the Parlement-men afterwards made themselfs Land-Lords of the whole Kingdome, it hath been usuall for them to thrust any out of his freehold, to take his bed from under him, and his shirt from off his very back. The King being [Page 9] kept thus out of one of his townes, might well suspect that he might be driven out of another, therefore 'twas time for him to look to the preservation of his Person, and the Countrey came in voluntarily unto him by thousands to that purpose, but hee made choice of a few only to be his gard, as the Parliamenteers Parlementteers (sic) had don a good while before for themselfs: But now they went otherwise to worke, for they fell a levying, listing, and arming men by whole Regiments and Brigades till they had a verie considerable Army a foot, before the King had one Musqueteer or Trooper on his side: yet these men are so notoriously impudent, as to make the King the first Aggressor of the war, and to lay upon Him all the blood that was spilt to this day, wherein the Devill himself cannot be more shameles. The Parliamenteers having an army of foot and horse thus in perfect Equipage, 'twas high time for the King to look to himselfe, therefore he was forced to display his royall Standard, and draw his sword quite out: Thus a cruell and most cruentous civill war began which lasted neer upon foure yeers without intermission intermissiou (sic) wherin there happen'd more battailes, sieges and skirmishes, then passed in the Netherlands in fourescore yeers, and herein the Englishmen may be said to get som credit abroad in the world, that they have the same blood running in their veines (though not the same braines in their sculls) which their Ancestors had, who were observed to be the activest peeple in the field, impatient of delay, and most desirous of battaile then any Nation.

But it was one of the greatest miracles that ever happen'd in this Land how the King was able to subsist so long against the Parlamenteers, considering the multiplicity of infinite advantages they had of him by water and land: for they had the Scot, the Sea and the City on their side; touching the first, he rushed in as an Auxiliary, with above 20000. Horse and Foot compleatly furnish'd both with small and great ammunition and arms, well cloth'd and money'd: For the second, they had all the Kings Ships well appointed, which are held to be the greatest security of the Island both for defence and offence, for every one of them is accounted one of the moving Castles of the Kingdome: besides they had all the other standing stone [Page 10] Castles, Forts, and tenable places to boot: Concerning the last, (viz. the City) therein they had all the wealth, bravery, and prime ammunition of England, this being the onely Magazin of men and money: Now if the King had had but one of these on his side, he had in all probability crush'd them to nothing: yet did he bear up strangely against them a long time, and might have don longer, had he kept the campane, and not spent the spirits of his men before Townes; had he not made a disadvantagious election of som Commanders in chief, and lastly, had he not had close Traitors within dores, as well as open Rebells without; for his very Cabinet Councell, and BedChamber were not free of such vermin, and herein the Parlementeers spent unknown sums and were very prodigall of the Kingdomes money.

The King, after many traverses of war, being reduced to a great streight by crosse successes and Counsells, rather then to fall into the hands of the Parlementeers, withdrew himselfe in a Servingmans disguise to the Scots army, as his last randevous, and this plott was manag'd by the French Agent then residing here; A man wold think that that Nation wol'd have deem'd it an eternall honor unto them to have their own King and Countreyman throw himself thus into their armes, and to repose such a singular trust in them upon such an Extremity: but they corresponded not so well with him as he expected, for though at first when the Parlamenteers sollicited their deer Brethren for a delivery of the Kings person unto them, their note was then, if any forren petty Prince had so put himself upon them, they could not with honor deliver him, much lesse their own Native King; yet they made a sacrifice of him at last for 800000. Crownes; whereupon Bellieure the French Ambassador being convoyed by a Troop of horse from the King towards London, to such a stand, in lieu of larges to the souldiers, he drew out an halfe crown peece, and asked them how many pence that was, they answered 30. He replied, for so much did Judas betray his Master, and so he departed

And now, that in the cours of this Historicall Narration I have touch'd upon France, your Eminence may please to understand, that nothing allmost could tend more to the advantage of [Page 11] that King, then these commotions in England, considering that he was embark'd in an actuall war with the House of Austria and that this Iland did do Spain som good offices; among other, by transport of his treasure to Dunkerk in English bottomes, wherunto this King gave way, and somtimes in his own Galeons, which sav'd the Spainard neer upon 20. in the hundred, then if he had sent it by way of Genoa; so that som think, though France made semblance to resent the sad condition of her Neighbour, and thereupon sent the Prince of Harcour, and the foresaid Monsieur Bellieure to compose matters, yet she never really intended it, as being against her present interest and engagements: yet the world thinks it much that she shold publiquely receive an Agent from these Parlamenteers, and that the French Nobility who were us'd to be the gallantest men in the world to vindicate the quarrels of distressed Ladies, are not more sensible of the outrages that have bin offer'd a daughter of France, specially of Henry the great's.

But to resume the threed of my Narration, the King (and with him, one may say, England also) being thus bought and sold, the Parlamenteers insteed of bringing him to Westminster, which had put a Period to all distempers toss'd him up and downe to private houses, and kept the former Army still afoot: And truly I think there was never Prince so abus'd, or poor peeple so baffled, and no peeple but a purblind besotted peeple wold have suffred themselfs to be so baffled: for notwithstanding that no Enemy appeer'd in any corner of the Kingdom, yet above 20000. Tagaroons have bin kept together ever since to grind the faces of the poore, and exhaust the very vitall spirits of town and Countrey, and keep them all in a perfect slavery: Had the Parlement-men, when the Scots were gone, brought their King in a generous and frank way (as had well becom'd Englishmen) to sitt among them, and trusted to him (which of necessity they must do at last) as they had gain'd more honor far in the world abroad, so they had gain'd more upon his affections then I beleeve they will ever do hereafter.

But to proceed, the King having bin a good while prisoner to the Parlement, the Army snatch'd him away from them, and som of the chiefest Commanders having pawn'd their soules un [Page 12] to him to restore him speedily, in lieu thereof they tumbled him up and down to sundry places, till they juggled him at last to that small Ile where now he is surrounded with a gard of strange faces and if happly he beginns to take delight in any of those faces, he is quickly taken out of his sight. These harsh usages hath made him becom all gray and oregrown with hair, so that he lookes rather like som Silvan Satyr then a Soverain Prince: And truly my Lord the meanest slave in St. Marks gallies or the abiect's Captif in Algier bannier is not so miserable as he in divers kinds, for they have the comfort of their wifes, children and frends, they can convey and receive Letters, send Messengers Messenggers (sic) upon their errands, and have privat discours with any; all which is denied to the King of great Britain, nay the young Princes his children are not permitted as much as to ask him blessing in a letter. In so much that if he were not a great King of his passions, and had a heart cast in an extraordinary Mould, these pressures & those base aspersions that have bin publiquely publquely (sic) cast upon him by the Parlement it self, had bin enough to have sent him out of the world e're this, and indeed 'tis the main thing thng (sic) they drive at, to torture his brain and tear his very heartstrings if they could: so that wheras this foolish ignorant peeple speak such horrid things of our Inquisition, truly my Lord 'tis a most gentle way of proceeding being compar'd to this Kings persecutions.

As the King himselfe is thus in quality of a captif, so are all his Subjects becom perfect slaves, they have fool' themselfs into a worse slavery then Jew or Greek under the Ottomans, for they know the bottom of their servitude by paying so many Sultanesses for every head; but here, peeple are put to endles, unknowne, tyrannicall Taxes, besides plundring and Accize, which two words, and the practise of them (with storming of Townes) they have learnt of their pure brethren of Holland: and for plundrings, these Parlementeer Saints think they may robb any that adheres not to them as lawfully as the Iewes did the Egiptians : 'Tis an unsommable masse of money these Reformers have squandred in few yeers, whereof they have often promis'd and solemnly voted a publike account to satisfie the Kingdome: but as in a hundred things more, so in this pre [Page 13] cious particular they have dispens'd with their Votes: they have consumed more treasure with pretence to purge one Kingdome, then might have served to have purchas'd two; more (as I am credibly told) then all the Kings of England spent of the public stock since the Saxon Conquest: Thus have they not only begger'd the whole Iland, but they have hurld it into the most fearfull'st Chaos of confusion that ever poore Countrey was in; they have torne in pieces the reines of all Government, trampled upon all Lawes of heaven and earth, and violated the very Dictamens of nature, by making mothers to betray their sonnes, and the sonnes their fathers, but specially that great Charter, which is the Pandect of all the Lawes and Liberties of the freeborn Subject, which at their admission to the House they are solemnly sworn to maintaine, is torn in flitters: besides those severall Oaths they forg'd themselfs, as the Protestation and Covenant, where they voluntarily sweare to maintain the Kings Honor and Rights, together with the established Lawes of the Land, &c. Now I am told, that all Acts of Parlement here are Lawes, and they carry that Majestie with them, that no power can suspend or repeale them, but the same power that made them, which is the King sitting in full Parlement; these mongrell Polititians have bin so notoriously impudent as to make an inferior Ordinance of theirs to do it, which is point-blank against the very fundamentalls of this Government, and their owne Oaths, which makes me think that there was never such a perjur'd pack of wretches upon earth, never such Monsters of mankind.

Yet this simple infatuated peeple have a Saint-like opinion of these Monsters, this foolish Citie gards them daily with Horse and Foot, whereby she may be sayd to kisse the very stones that are thrown at her, and the hand whence they came, which a dogg wold not do: But she falls to recollect her self now that she begins to be pinch'd in Trade, that that her Mint is starv'd, and that the Prince commands both Sea and River: yet the leading'st men in her Common-Councell care not much for it, in regard most of them have left traffiqueing abroad, finding it a more easie and gainefull way of trading at home, by purchasing Church-lands, plunder'd goods, and debts upon [Page 14] the Public Faith; thus the Saints of this Iland turn godlinesse into gaine.

Truly my Lord, I give the English for a lost Nation, never was there a more palpable oblæsion of the brain, and a more visible decay of reason in any race of men: it is a strange judgement from heaven, that a peeple shold not be more sensible how they are becom slaves to Rebells, and those most of them the scumm of the Nation, which is the basest of miseries: how they suffer them to tyrannize by a meer arbitrary arbicrary (sic) extrajudiciall power o're their very soules and bodies, o're their very lifes and livelihoods; how their former freedom is turn'd to fetters, Molehills into Mountaines of grievances, Ship-money into Accize, Justice into Tyranny: For nothing hath bin and is daily so common amongst them as imprisonment without charge, and a charge without an accuser, condemnation without apparance, and forfaitures without conviction.

To speak a little more of the King, if all the infernall fiends had ligu'd against him, they could not have designd & disgorg'd more malice: they wold have laid to his charge his fathers death, as arrand a lie as ever was hatch'd in hell: they wold make him fore-know the insurrection in Ireland, whereas the Spanish Ambassador here, & his Confessor who is very reverend Irish man, told me, that he knew no more of it then the grand Mogor did: they charge him with all the bloud of this civill warre, wheras they and their instruments were the first kindlers of it, and that first prohibited trade: they intercepted and printed his privat letters to his Queen, and hers to him, (Oh barbarous basenesse!) but therin they did him a pleasure, though the intent was malitious, their aym in all things being to imbitter and envenom the hearts of his peeple towards him; and this was to render him a glorious and well-belov'd Prince, and for making him rich, all which they had vow'd to do upon passing the Act of Continuance, they have made him poorer then the meanest of all his vassalls, they have made him to have no propriety in house, goods, or Lands, or as one may say, in his wife and children: 'Twas usuall for the father to hunt in his Park while the son hunted for his life in the field, for the wife to lye in his bedds, while the husband layed wait to [Page 15] murther him abroad; they have seiz'd upon and sold his privat Hangings and Plate, yea his very Cabinets, Jewells and Pictures.

Nor are they the honorablest sort of peeple, and men nobly extracted (as in Scotland) that do all this, (for then it were not so much to be wondred at) but they are the meanest sort of Subjects, many of them Mechaniques, whereof the lower House is full; specially the subordinate Committees, who domineer more ore Nobles and Gentry, then the Parliament-Members themselfs their Masters.

Touching those few Peers that sit now voting in the upper House, they may be sayed to be but meer Cyphers, they are grown so degenerate as to suffer the Commons to give them the Law, to ride upon their backs, and do most things without them: There be many thousand Petitions that have been recommended by these Lords to the lower House, which are scornfully thrown into corners and never read; their Messengers have us'd to dance attendance divers houres and dayes afore they were vouchsafed to be let in or heard, to the eternall dishonor of those Peers and yet poor spirited things they resent it not: The Commons now command all, and though, as I am inform'd, they are summon'd thither by the Kings Originall Writt but to consent to what the King and his great Counsell of Peers (which is the true Court of Parlement) shall resolve upon; They are now from Consenters becom the chiefest Counsellors yea Controwlers of all; nay som of this lower House fly so high as to term themselfs Conquerors, and though in all conferences with the Lords they stand bare before them, yet by a new way of mix'd Committees they cary themselfs as Collegues: These are the men that now have the vogue, and they have made their Priviledges so big swoln, that they seem to have quite swallowed up both the Kings Prerogatives, and that of the Lords: These are the Grandees, and Sages of the times, though most of them have but crack'd braines and crazy fortunes; Nay som of them are such arrand Knaves and coxcombs, that 'tis questionable whither they more want common honesty, or common sense; nor know no more what belongs to true policy then the left legg of a joint-stoole: They are grown so high a tiptoes, [Page 16] that they seem to scorn an Act of Amnestia, or any grace from their King, wheras som of them deserve to be hang'd as oft as they have haires upon their heads; nor have they any more care of the common good of England then they have of Lapland, so they may secure their persons, and continue their Power and Authority, is sweet, though it be in Hell. Thus, my Lord, is England now govern'd, so that 'tis an easy thing to take a prospect of her ruine; The Scot is now the rising man, who is the third time struck into her bowells with a numerous Army: They say he hath vow'd never to return till he hath put the Crown on the Kings head, the Scepter in his hand, and the sword by his side; if he do so, it will be the best thing that ever he did, though som think that he will never be able to do England as much good as he hath don her hurt; He hath extremely outwitted the English of late yeers: And they who were the causers of his first and last coming in, I hold to be the most pernicious Enemies that ever this Nation had; for 'tis probable that Germany will be sooner free of the Swed, then England of the Scot, who will stick close unto him like a burr, that he cannot shake him off; He is becom allready Master of the Englishmans soul, by imposing a religion upon him, and he may hereafter be master of his body.

Your Eminence knowes there is a periodicall fate hangs over all Kingdoms after such a revolution of time, and rotation of fortunes wheele; the cours of the world hath bin, for one Nation, like so many nailes, to thrust out another; But for this Nation, I observe by conference with divers of the saddest and best weighdst men among them, that the same presages foretell their ruine as did the Israelites of old, which was a murmuring against their Governors; It is a long time that both Judges Bishops, and privy Counsellors have bin mutter'd at, wherof the first shold be the oracles of the Law, the other of the Gospell, the last of State-affaires, and that our judgments shold acquiesce upon theirs; Here as I am inform'd; 'twas common for evry ignorant client to arraign his Judg; for evry puny Clerk to censure the Bishop; for evry shallow-brain home-bred fellow to descant upon the results of the Councell Table: and this spirit of contradiction and contumacy hath bin a long time foment [Page 17] ing in the minds of this peeple, infus'd into them principally, by the Puritanicall Faction. Touching the second of these (I mean Bishops) they are grown so odious (principally for their large demeanes) among this peeple, as Monks were of old, and one may say it is a just judgment fallen upon them, for they were most busy in demolishing Convents and Monasteries, as these are in destroying Cathedralls and Ministers; But above all, it hath bin observ'd that this peeple hath bin a long time rottenhearted towards the splendor of the Court, the very glory of their King, and the old establish'd Government of the land: 'Tis true there were a few small leakes sprung in the great vessell of the State, (and what vessell was ever so tite but was subject to leakes?) but these wiseakers in stopping of one have made a hundred: Yet if this Kings raign were parallell'd to that of Queen Elizabeth's, who was the greatest Minion of a peeple that ever was, one will find that she stretch'd the Prerogative as much: In her time as I have read in the Latin Legend of her life, som had their hands cut off for writing against her matching with the Duke of Aniou, others were hang'd at Tyburn for traducing her government; she pardon'd thrice as many Roman Priests as this King did, she pass'd divers Monopolies, she kept an Agent at Rome, she sent her Sargeant at Armes to pluck out a Member then sitting in the House of Commons by the eares, and clap'd him in prison; she call'd them sawcy fellowes to meddle with her Prerogative, or with the government of her houshold, she mannag'd all forren affaires, specially the warrs with Ireland soly by her privy Counsell; yet there was no murmuring at her raign, and the reason I conceave to be, that there was neither Scot or Puritan had then any stroke in England.

Yet, for all their disobedience and grumblings against their Liege Lord the King, this peeple are exactly obedient to their new Masters of the House of the House of Commons, though they sit there but as their Servants and entitle themselfs so; and also though in lieu of the small scratches which, England might happily have receiv'd before (all which the King had cur'd) these new Masters have made such deep gashes in her, and given her such deadly wounds that I believe are incurable.

My Lord, I find by my researches, that there are two great [Page 18] Idolls in this Kingdome the greatest that ever were, they are the Parliament and the Pulpit; 'tis held a kind of blasphemy, if not a sin against the Holy Ghost to speak against the one, and the whole body of Religion is nailed unto the other, for there is no devotion here at all but preaching, which God wot is little better then prating. The abuse of these two hath bin the source of all the distempers which now raign: touching the latter, it hath serv'd as a subservient Engin to prop up the power and popularity of the first; these malicious Pulpit-men breath out nothing thence but either sedition, schisme or blasphemy; poor shallow brain'd Sciolists, they would question many things in the old Testament, and find Apocrypha in the New: And such is the violence wherewith the minds of men and women are transported towards these Preachmen, and no other part of devotion besides, that in all probability they will in time take a surfet of them: so that give this giddy peeple line enough there will be no need of Catholique Arms to reduce them to the Apostolic Church, they will in time pave the way to it themselves, and be glad to return to Rome to find out a Religion again.

There was here before, as I am informed, a kind of a face of a Church, there were some solemnities, venerations and decencies us'd that a man might discover some piety in this peeple; there was a publick Liturgie that in pithy Patheticall prayers reach'd all occasions; the Sacraments were administred with some reverence, their Churches were kept neat and comly; but this nasty race of miscreants have nothing at all of sweetnesse, of piety and devotion in them; 'tis all turn'd to a fatuous kind of more zeal after learning, as if Christianity had no sobriety, consistence, or end of knowledg at all: These silly things, to imitate the Apostles time, wold have the same form of discipline to govern whole Nations, as it did a chamberfull of men in the infancy of the Church they wold make the same coat serve our Saviour at 30. yeers, which fitted him at three: Tis incredible how many ugly sorts of heresies they daily hatch, but they are most of them old ones newly furbish'd; they all relate to Aerius, a perfect hater of Bishops, because he could not be one himself. The two Sectaries which sway most, are the Pres [Page 19] byterians and Independents, the Presbyterian is a spawn of a Puritan, and the Independent a spawn of the Presbyterian: there's but one hop 'twixt the first and a Iew, and but half a hop 'twixt the other and an Infidell; they are both opposite to Monarchy and Hierarchy; and the latter would have no Government at all, but a parity and promiscuous confusion, a race of creatures fit only to inhabit Hell: and one of the fruits of this blessed Parlement, and of these two Sectaries is that they have made more Jewes and Athiests then I think there is in all Europe besides; but truly my Lord I think the judgments of Heaven were never so visible in any part of the Earth, as they are now here, for there is Rebell against Rebell, House against House, Cittie against Army, Parlement against Scot, but these two Sectaries, I mean the Presbyterian and Independent, who were the fire-brands that put this poor Iland first in a flame, are now in most deadly feud one against the other (though they both concur in this to destroy government:) And if the King had time enough to look only upon them, they would quickly hang, draw, and destroy one another.

But indeed all Christian Princes shold observe the motions & successes of these two unlucky Incendiaries, for if they shold ligue together againe (as they have often plaid fast and loose one with another) and prevail here, this Iland wold not terminate their designes, they wold puzzle all the world besides. Their Preachmen ordinarily cry out in the Pulpit, there is a great work to be done upon earth, for the reforming all mankind, and they are appointed by Heaven to be the chief Instruments of bringing it about: They have already bin so busie abroad, that (with vast sommes of money) they brought the Swed upon the Dane, and the very Savages upon the English Cavalier in Virginia; and could they confederat with Turk, or Tartar, or Hell it self against them, they wold do it: they are monstrously puff'd up with pride, that they stick not to call themselfs Conquerors; and one of the chief ringleaders of them, an ignorant home-bred kind of Brewer, was not ashamed to vaunt it publiquely in the Commons House, that if he had but 20000. men, he wold undertake to march to Constantinople, and pull the Ottoman Emperour out of his throne.

Touching the other grand Idoll the Parlement, 'tis true that [Page 20] the primitive constitution of Parlement in this Iland was a wholsome peece of policy, because it kept a good correspondence, and clos'd all ruptures 'twixt the King and his people, but this thing they call Parlement now, may rather be term'd but a cantle of one, or indeed a Conventicle of Schismatiques, rather then a great Counsell; 'tis like a kind of headlesse Monster, or som ectropiated carkas; for there is neither King nor Prelate, nor scarce the seventh part of Peers and Commons; no not the twelfth part fairely elected; neverthelesse they draw the peeple, specially this City, like so many stupid animalls, to adore them.

Yet though this institution of Parlement be a wholsom thing in it self, there is in my judgment a great incongruity in one particular; and I believe it hath bin the cause of most distempers; It is, That the Burgesses are more in number then the Knights of Shires; for the Knights of the Shires are commonly Gentlemen well born, and bred, and vers'd in the Lawes of the Land, as well as forren governments, divers of them; but the Burgesses of Townes are commonly Tradesmen, and being bred in Corporations, they are most of them inclining to Puritanism Puritamism (sic) , and consequently to popular government; these, exceeding the Knights in number, carry all before them by plurality of Voices, and so puzzle all: And now that I have mentioned Corporations, I must tell your Lordship, that the greatest solœcism in the policy of this Kingdom, is the number of them; especially this monstrous City, which is compos'd of nothing els but of Corporations; and the greatest errors that this King, specially his Father committed, was to suffer this town to spread her wings so wide; for she bears no proportion with the bignesse of the Iland, but may fit a Kingdom thrice as spacious; she engrosseth and dreines all the wealth and strength of the Kingdom; so that I cannot compare England more properly then to one of our Cremona geese, where the custom is, to fatten onely the heart, but in doing so the whole body growes lank.

To draw to a conclusion, This Nation is in a most sad and desperate condition, that they deserved to be pittied, and preserved from sinking, and having cast the present state of things and all interests into an equall balance, I find, my Lord there be three waies to do it, one good, and two bad:

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1. The first of the bad ones is the Sword, which is one of the scourges of heaven, especially the Civill sword.

2. The second bad one is the Treaty, which they now offer the King in that small Iland where he hath bin kept Captif so long, (in which quality the world will account him still while he is detain'd there) and by that Treaty to bind him as fast as they can, and not trust him at all.

3. The good way is, in a free confiding brave way (Englishmen-like to send for their King to London, where City, and Countrey shold petition him to summon a new and free full Parlement, which he may do as justly as ever he did thing in his life, these men having infring'd as well all the essentiall Priviledges of Parlement, as ev'ry puntillio of it, for they have often risen up in a confusion without adjournment, they had two Speakers at once, they have most perjuriously and beyond all imagination betrayed the trust both King and Countrey repos'd in them, subverted the very fundamentalls of all Law, and plung'd the whole Kingdom in this bottomlesse gulf of calamities: another Parlement may happly do som good to this languishing Iland, and cure her convulsions, but for these men that arrogat to themselfes the name of Parlement (by a locall puntillio only because they never stirr'd from the place where they have bin kept together by meer force) I find them by their actions to be so pervers, so irrational and refractory, so far given over to a reprobat sense, so fraught with rancor, with an irreconcileable malice and thirst of bloud, that England may well despaire to be heal'd by such Phlebotomists, or Quacksalvers; besides they are so full of scruples, apprehensions, and jealousies proceeding from black guilty soules, and gawl'd consciences, that they will do nothing but chop Logic with their King, and spin out time to continu their power, and evade punishment, which they think is unavoydable if there should be a free Parlement.

Touching the King he comports himself with an admired temper'd equanimity, he invades and o'remasters them more and more in all his answers by strength of reason, though he have no soul breathing to consult withall, but his owne Genius: he gaines wonderfully upon the hearts and opinion of his peeple, [Page 22] and as the Sun useth to appear bigger in winter, and at his declension in regard of the interposition of certain meteors 'twixt the eye of the beholder and the object, so this King being thus o'reclouded and declined shines far more glorious in the eyes of his peeple; and certainly these high morall vertues of constancy, courage and wisdom com from above; and no wonder, for Kings as they are elevated above all other peeple and stand upon higher ground, they sooner receave the inspirations of heaven; nor doth he only by strength of reason outwit them, but he wooes them by gentlenes and mansuetude; as the Gentleman of Paris who having an Ape in his house that had taken his only child out of the cradle, and dragged him up to the ridge of the house, the parent with ruthfull heart charmed the Ape by faire words and other blandishments to bring him softly down, which he did; England may be said to be now just upon such a precipice, ready to have her braines dasht out, and I hope these men will not be worse natur'd then that brute animal, but will save her.

Thus have I given your Eminence a rough account of the state of this poor and pittifully deluded peeple, which I wil perfect when I shall com to your presence, which I hope will be before this Autumnall Equinox; I thought to have sojourn'd here longer, but that I am growne weary of the clime, for I feare there's the other two scourges of heaven that menace this Iland, I mean the famin and pestilence, especially this City, for their prophanenes, rebellion and sacriledge: it hath bin a talk a great while whether Anti-Christ be com to the world or no, I am sure Anti-Jesus, which is worse, is among this peeple, for they hold all veneration, though voluntary proceeding from the inward motions of a sweet devoted soule, and causing an outward genuflexion, to be superstitious, insomuch that one of the Synodicall Saints here printed and published a Book entitling it against Iesu Worship.

So in the profundest posture of reverence I kisse your vest, being
My Lord,
Your Eminences most humbly devoted,

J. B. C.

London this 16. of
August, Stylo loci,
1648.

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Table of contents

• KILLING NO MURDER. Briefly Discourst in Three Questions.

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

• AN APPENDIX.

IT is not any Ambition to be in Print, when so few spare Paper and the Presse; nor any instigations of private revenge or malice (though few that dare be honest now want their causes) that have prevailed with me to make my self the Authour of a Pamphlet, and to disturb that Quiet which at present I enjoy, by his Highness great favour and [Note: Cato said of Pompey, It was alike Treason in him to usurp the giving him his life, as to take it away.] injustice. Nor am I ignorant to how little purpose I shall imploy that time and pains, which I shall bestow upon this Paper. For to think that any reasons or perswasions of mine, or conviction of their own, shall draw men from any thing wherein they see profit or security, or to any thing wherein they fear loss, or see danger, is to have a better opinion both of my self and them, then either of us both deserve.

Besides, the subject it self is of that nature, that I am not only to expect danger from ill men, but censure and disallowance from many that are good; for these opinions only lookt upon, not lookt into, (which all have not eyes for) will appear bloody and cruel; and these compellations I must expect from those that have a zeal, but not according to knowledge: If therefore I had considered my self, I had spared what ever this is of pains, and not distasted so many, to please so few, as are in mankind, (the honest and the wise.) But at such a time as this, when God is not onely exercising us with a usual and common calamity, of letting us fall into slavery that used our liberty so ill; but is pleased so far to blind our understandings, and to debase our spirits, as to suffer us to court our bondage, and to place it among the requests we put up to him; Indignation makes a man break that silence that prudence would perswade him to use; if not to work upon other mens minds, yet to ease his own.

A late Pamphlet tells us of a great design discovered against the person of his Highness, and of the Parliaments coming (for so does that Junto profane that name) to congratulate with his Highness, his happy deliverance from that wicked and bloody attempt. Besides this that they have Ordered, that God Almighty shall be mockt with a day of thanksgiving, (as I think the World is with the plot) and that the people shall give publique thanks for the publique calamity, that God is yet pleased to continue his Judgments upon them, and to frustrate all means that are used for their deliverance: Certainly, none will now deny, that the English are a very thankfull people. But I think if we had read in Scripture, that the Israelites had cryed unto the Lord, not for their own deliverance, but the preservation of their Task-masters, and that they had thanked God with Solemnity that Pharaoh was yet living, and that there was still great hopes of the daily encrease of the number of their Bricks: Though that people did so many things not onely impiously and profanely, but ridiculously and absurdly; yet certainly they did nothing we should more have wondered at, then to have found them Ceremoniously thankful to God for plagues, that were commonly so brutishly unthankful for mercies; And we should have thought that Moses had done them a great deal of wrong, if he had not suffered them to enjoy their slavery, and left them to their Tasks and Garlick.

I can with Justice say, my principal intention in this Paper is not to declaim against my L. Protectour or his Accomplices; for were it not more to justifie others, then to accuse them, I should think their own actions did that work sufficiently, and I should not take pains to tell the world what they know before. My design is, to examine whether if there hath been such a Plott as we hear of; and that it was contrived by Mr. Sindercombe against my L. Protectour, and not by my L. Protectour against Mr. Sindercombe (which is doubtful) whether it deserves those Epithites Mr. Speaker is pleased to give it, of bloody, wicked, and proceeding from the Prince of darkness. I know very well how uncapable the vulgar are, considering what is extraordinary and singular in every case, and that they judge of things, and name them by their exteriour appearances, without penetrating at all into their causes or natures. And without doubt when they hear the Protectour was to be kill'd, they streight conclude a man was to be murdered, not a malefactour punished: for they think the formalities do alwayes make the things themselves, and that 'tis the Judge and the Cryer that makes the justice, and the Goal the Criminal: And therefore when they read in the Pamphlet Mr. Speaker's Speech, they certainly think he gives these Plotters their right titles; and, as readily as a High-Court of Justice, they condemn them, without ever examing whether they would have killed a Magistrate, or destroyed a [Note: See Plutarch. the Life of Timolion, cited in the Continuation of this Session of Parliament justified, lately printed.] Tyrant, over whom every man is naturally a Judge and an Executioner; and whom the laws of God, of Nature, and of Nations expose, like Beasts of prey, to be destroyed as they are met.

That I may be as plain as I can, I shall first make it a question, (which indeed is none) Whether my Lord Protectour be a Tyrant or not? Secondly, if he be, Whether it is lawful to do Justice upon him without Solemnity, that is, to Kill him? Thirdly, if it be lawful, Whether it is like to prove profitable or noxious to the Common-wealth?

The Civil Law makes Tyrants of two sorts, Tyrannus sine Tytulo, and Tirannus Exercitio . The one is called a Tyrant, because he hath no right to govern; the other, because he governs Tyrannically. We will very briefly discourse of them both, and see whether the Protectour may not with great Justice put in his claim to both Titles.

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We shall sufficiently demonstrate who they are that have not a right to govern, if we shew who they are that have; and what it is that makes the power just, which those that rule have over the natural liberty of other men. To Father, within their private Families nature hath given a Supreme power. Every man, sayes Aristotle, [Note: Pol. l. 1. C. 1.] of Right governs his wife and children, and this power was necessarily exercised [Note: Gen. 44.24.] every where, whilest Families lived disperst, [Note: Arist. ibid. ] before the constitutions of Common-wealths; and in many places it continued after, as appears by the Laws of Solon, and the most Ancient of those of Rome. And indeed as by the Laws of God [Note: 1 Tim. 5.8.] and nature, the care, defence, and support of the family lies upon every man whose it is; so by the same Law there is due unto every man from his Family a subjection and obedience, in compensation of that support. But several Families uniting themselvs together to make up one body of a Comon-wealth, and being Independent one of another, without any natural Superiority or Obligation, nothing can introduce amongst them a disparitie of Rule and Subjection, but some power that is over them; which power none can pretend to have but God and themselves. Wherefore all power which is lawfully exercised over such a Society of men, (which from the end of its institution we call a Common-wealth) must necessarily be derived either from the appointment of God Almighty, who is Supream Lord of all and every part; or from the consent of the Society it self, who have the next power to his, of disposing of their own liberty, as they shall think fit for their own good. [Note: Vid. Hooker. Eccles. Pol. lib. 1.c. 10.] This power God hath given to Societies of men, as well as he gave it to particular [Note: Ex. 215.] persons; and when he interposes not his own authority and appoints not himself who shall be his Vice-gerents and rule under him; he leaves it to none but the people themselves to make the election, whose benefit is the end of all government. Nay when he himself hath been pleased to appoint rulers for that people, which he was pleased peculiarly to own, He many times made the choice, but left the Continuation and Ratification of that choice to the people themselves. So Saul [Note: 1 Sam. 10.2.] was chosen by God, and anointed King by his Prophet, but make King by all the people at Gigal. [Note: 1 Sam. 12.2] David was anointed King [Note: 1 Sam. 16.14.] by the same Prophet, but was afterwards, after Saul's death, confirmed by the people of Juda, [Note: 2 Sam. 2.4.] and 7. years after by the Elders of [Note: 2 Sam. 5.3.] Israel, the Peoples Deputies, at Chebron. And it is observable, that though they knew that David was appointed King by God, and anointed by his Prophet, yet they likewise knew that God allowed to themselves not only his confirmation, but likewise the limitation of his power; for before his Inauguration, they made a league [Note: 2 Sam. 5.3.] with him; that is, obliged him by compact to the performance of such conditions as they thought necessary for the securing secueing (sic) their Liberty. Nor is it less remarkable, that when God gives directions to his people concerning their government, he plainly leaves the Form to themselves: for he sayes not, When thou shalt have come into the Land which the Lord thy God gives thee, Statues super te Regem ; But, Si [Note: Deut. 17.14.] Dixeris statuam . God sayes not, Thou shalt appoint a King over thee; But if thou shalt say, I will appoint; leaving it to their choice, whether they would say so or no. And it is plain in that place, that God gives the people the choice of their King, for he there instructs them whom they shall choose, Emedium fratrum tuorum , one out of the midst of thy brethren: Much more might we say, if it were a less manifest Truth that all just power of Government if founded upon these two bases, of Gods immediate command, or the Peoples consent. And therefore whosoever arrogates to himself that power, or any part of it, that cannot produce one of those two titles, is not a Ruler, but an Invader, and those that are subject to that power, are not governed, but opprest.

This being considered, have not the People of England much reason to ask the Protector this Question, Quis constituit te virum Principem & judicem super nos? Who made thee a Prince and a Judge over us? If God made thee, make it manifest to us. If the People, where did we meet to do it? Who took our Subscriptions? To whom deputed we our authority? And when and where did those Deputies make the choice? Sure these interrogations are very natural, and I believe would much trouble his Highness his Council, and his Junto to answer. In a word, that I may not tire my reader, (who will not want proofs for what I say, if he wants not memory) If to change the government without the peoples consent: If to dissolve their Representatives by force, and disannul their Acts: If to give the name of the Peoples Representatives to confederates of his own, that he may establish iniquity by a law: If to take away mens lives out of all course of Law, by certain Murtherers of his own appointment, whom he names A High-Court of Justice. If to decimate mens estates, and by his own power to impose upon the people what Taxes he pleases: And to maintain all by force of Arms: If I say all this does make a Tyrant, his own impudence cannot deny, but he is as compleat a one as ever hath been since there have been Societies of Men. He that hath done, and does all this, is the person for whose preservation the people of England must pray; but certainly if they do, 'tis for the same Reason that the old Woman of Syracuse prayd for the long life of the Tyrant Dionysius, lest the Devil should come next.

Now if instead of Gods Command, or the Peoples Consent, his Highness hath no other Title but [Page 5] force and fraud, which is to want all Title: And if to violate all Laws, and propose none to Rule by, but those of his own will, be to exercise Tyranny he hath usurpt, and to make his Administration conformable to his claym: Then the first Question we proposed, is a Question no longer.

But before we come to the second, being things are more Easily perceived and found by the description of their Exteriour Accidents, and Qualities, then the defining their Essences: It will not be Amiss to see, whether his Highness hath not as well the outward Marks and Characters by which Tyrants are known, as he hath their Nature and Essential properties: Whether he hath not the Skin of the Lyon, and Tayl of the Fox, as well as he hath the Violence of the one, and Deceipt of the other. Now in this Delineation which I intend to make of a Tyrant, all the Lineaments, all the Colours, will be found so Naturally to correspond with the life, that it cannot but be doubted, whether his Highness be the Original, or the Copy. Whether I have in drawing the Tyrant, represented him? or in Representing him, Exprest a Tyrant. And therefore I should be suspected to deal un-sincerely with his Highness, and not to have Applyed These following Characters, but made them, I shall not give you any of my own Stamping, but such as I find in Plato, Aristotle, Tacitus, and his Highness own Evangelist, Machiavell.

3. They abase all excellent persons, and rid out of the way all that have noble minds, Et Terræ filius extollunt; and advance Sons of the Earth. To put Aristotle into other words, they purge both Parliament and Army, till they leave few or none there, that have either honour or conscience, either wit, Interest, or Courage to oppose their designs. And in these Purgations (saith Plato) [Note: [...] ] Tyrants do quite contrary to Physitians; for they purge us of our humours, but Tyrants of our Spirits.

4. They dare suffer no Assemblies. Not so much as Horse-races.

5.In all places they have their Spies and Dilators, that is, they have their Broughalls, their St. Joan's (besides innumerable small spyes) to appear discontented and not to side with them; that under that disguise they may get trust, and make discoveries. They likewise have their Emissaries to send with forged letters. If any doubt this, let him send to Major General Brown, and he will Satisfie Him.

6. They Stir not without a guard, nor his Highness without his Life-guard.

7. They impoverish the people, that they may want the power, if they have the will, to attempt any thing against them. His Highness way is by Taxes, Excise, Decimations, &c.

[Note: Arist. Ibid. Arist. Ibid. Id. Ibid. & Plato de Repub. l. 9. Id. Ibid. Arist. Ibid. Machiev. Pr. cap. 19. ]

8. They make war to divert and busie the people: And besides, to have a pretence to raise moneys, and to make new Levies, if they either distrust their old forces, or think them not sufficient. The war with Spain serveth his Highness to this purpose, and upon no other Justice was it began at first, or is still continued.

9. They will seem to honour and provide for good men: That is, if the Ministers will be Orthodox and flatter: If they will wrest and torture the Scripture to prove his Government lawful, and furnish him with Title: his Highness will likewise be then content to understand Scripture in their favour, and furnish them with Tithes.

[Note: Machiavel adds, And do grateful things themselves. But that I omit; for I really am unprovided of an instance for his Highness, for I have not yet heard of any good he has done himself.]

10. Things that are odious and distastfull, they make others executioners of; and when the people are discontented, they appease them with Sacrificing those Ministers they imploy: I leave it to his Highness his Major Generals to tg (sic) ruminate a little upon this point.

11. In all things they pretend to be wonderful careful of the Publique: to give general accompts of the money they receive, which they pretend to be levied for the maintenance of the State, and the prosecuting of the War. His Highness made an excellent Comment upon this place of Aristotle in his Speech to this Parliament.

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12. All things set aside for Religious uses they set to sale; that while those things last, they may exact the less of the people. The Cavaliers would interpret this of the Dean and Chapters Lands.

13. They pretend inspirations from God, and responses from Oracles to Authorise what they do, his Highness hath been ever an Enthusiast. And as Hugh Capet, in taking the Crown pretended to be admonisht to it in a dream by St. Vallery, and St Richard: so I believe will his Highness do the same, at the instigation of St. Henry, and St. Richard his two Sons. [Note: Plato de Rep. b. lib. 8 Id. & Plut. passim.]

Other Marks and Rules there are mentioned by Aristotle to know Tyrants by: but they being unsuitable to his Highness Actions, and impracticable by his Temper, I insist not on them. As among other things [Note: Pol. lib. 5. c. 11.] Aristotle would not have a Tyrant insolent in his behaviour, nor strike people. But his Highness is naturally chollerique, and must call men Rogues, and go to Cuffs. At last he concludes he should o (sic) fashion his manners, as neither to be really good, nor absolutely bad, but half one, half tother. Now this half good is too great a proportion for his Highness, and much more then his temper will bear.

But to speak Truths more seriously, and to conclude this first Question. Certainly what ever these Characters make any man, it cannot be denied but his Highness is; and then if he be not a Tyrant, we must confess we have no definition nor description of a Tyrant left us; and may well imagine there is no such thing in Nature, and that 'tis onely a Notion and a Name. But if there be such a Beast, and we do at all believe what we see and feel; let us now enquire, according to the method we proposed, whether this be a Beast of Game that we are to give law to, or a Beast of Prey to destroy with all means are allowable and fair?

[Note: Whether it be lawful to kill a Tyrant?] In deciding this question Authors very much differ, as far as it concerns supream Magistrates, who degenerate into Tyrants. Some think they are to be born with as bad [Note: Ames Parentem si æquus est, si non, feras?] Parents; and place them in the number of those mischiefs [Note: Sicut sterilitatem, aut nimios imbres &c. Tacit.] that have no other cure but our patience. Others think they may be questioned by that supream Law of the peoples safety; and that they are answerable to the peoples Representatives for the breach of their Trust. But none, of sober sense, makes private persons Judges of their actions; which were indeed to subvert all Government. But on the other side, I find none, that have not been frighted or corrupted out of their Reason, that have been so great Enemies to Common, and the Liberty of Mankind; as to give any kind of Indemnity to a Usurper, who can pretend no Title, but that of being stronger; nor challenge the peoples obedience upon any other obligation but that of their necessity, and fear. Such a person, as one out of all bounds of humane protection, all men make the Ishmael, [Note: Gen. 16.12.] against whom is every mans hand, as his is against every man. To him they give no more security then Cain, his fellow murtherer and oppressour, promised to himself, to be destroyed by him that found him first.

I should have reason to be much less confident of the justice of this opjnion, if it were new, and onely grounded upon Collections and Interpretations of my own. But herein if I am deceived, I shall however have the excuse to have been drawn into that errour, by the examples that are left us by the greatest and most vertuous, and the opinion of the wisest and gravest men, that have left their memories to posterity. Out of the great plenty of Confirmations, I could bring for this Opinion, from Examples and Authorities; I shall select a very few: for manifest Truths have not need of those Supports; and I have as little mind to tire my self as my Reader.

The Law of God it self decreed certain [Note:

Deut. 17.12.] death to that man that would do presumptuously, and submit to no Decision of Justice. Who can reade this, and think a Tyrant ought to live? But certainly neither that, nor any other Law were to any effect, if there were no way to put it in execution. But in a Tyrants Case, Process and Citation have no place; and if we will onely have Formal Remedies against him, we are sure to have none. There's small hope of Justice, where the Malefactor hath a power to condemn the Judge.

All remedy therefore against a Tyrant is Ebud's Dagger; without which, all our Laws were fruitless, and we helpless. This is that High Court of Justice where Moses brought the Egyptian: whither Ebud brought Eglon; Samson the Philistins; Samuel, Agag; and Jehojada, the She-Tyrant Athaliah.

Let us a little consider in particular these several Examples, and see whether they may be proportioned to our purpose.

First, as to the Case of Moses and the Egyptian; [Note: Exod. 2.11.12] certainly every English-man hath as much Call as Moses, and more cause then he, to slay this Egyptian that is always laying on burdens, and always smiting both our brethren and our selves. For as to his Call, he had no other that we read of, but the neccesity his brother stood in of his help. He look't on his brethrens burdens, and seeing an Egyptian smiting an Hebrew, knowing he was out of the reach of all other kind of Justice, slew him.

Certainly this was, and is as lawful for any man to do, as it was for Moses, who was then but a private man, and had no Authority for what he did, but what the Law of Nature gives every man; to oppose Force to Force, and to make Justice where he finds none. As to the Cause of that action, we have much more to say then Moses had: He saw one Hebrew smitten, we many Eng [Page 10] lish men murdered; He saw his brethrens burdens, and their blows, We, our Brethrens burdens, imprisonments, and deaths. Now sure if it were lawful for Moses to kill that Egyptian that opprest one man, being there was no way to procure an ordinary course of Justice against him: It cannot be but absurd to think it unlawful to kill him [Note: (a) Vid. Et Governador Christiano. c. 8 p. 40 Qualquiera cuidadno me de repeter la fuerca &c. ] that oppresses a whole Nation, and one that Justice as little reaches as it defends.

The example of Ebud shews us the natural and almost the onely remedy against a Tyrant, and the way to free an opprest people from the slavery of an insulting Moabite, 'tis done by prayers and tears, with the help of a Dagger, by [Note: Judg. c. 3. v. 11,19,20] crying to the Lord, and the left hand of an Ebud. Devotion and action go well together; for believe it, a Tyrant is not of that kind of Devil that is to be cast out by onely Fasting and Prayer. And here the Scripture shews us what the Lord thought a fit Message to send a Tyrant from himself: A Dagger of a Cubit in his belly, and every worthy man that desires to be an Ebud, a Deliverer of his Countrey, will strive to be the Messenger. [Note: V. 15]

We may here likewise observe in this, and many places of Judges, that when the Israelites fell to Idolatry, which of all sins is one of the greatest; [Note: V. 20.] God Almighty to proportion the punishment and the offence, still delivered them into the hands of Tyrants; which sure is one of the greatest of all Plagues.

In the story of Samson 'tis manifest, that the denying him his wife, and after the burning her, and her Father, which though they were great, yet were but private injuries, he took for sufficient grounds to make war upon the Philistins, being himself but a private man, and not onely not assisted, but opposed by his servile Countreymen. [Note: Judg. 15.] He knew what the Law of Nature allowed him; where other Laws have no place, and thought it a sufficient Justification for smiting the Philistins hip and thigh, to answer for himself, that as they did unto him, so had he done unto them. [Note: V. 11.]

Now that which was lawful for Samson to do against many Oppressours, why is it unlawful for us to do against one? Are our injuries less? Our Friends and Relations are daily murdered before our faces. Have we other ways for reparation? Let them be named, and I am silenc'd. But if we have none, the Fire-brand, or the Jaw-bone, the first Weapons, our just Fury can lay hold on, may certainly be lawfully employed against that uncircumcised Philistin that oppresses us. We have too the opposition and discouragements that Samson had, and therefore have the more need of his courage and resolution. As he had the men of Judah, so we have the men of Levi, crying to us out of the Pulpit, as from the top of the Rock Etam, Know you not that the Philistin is a Ruler over you? [Note: V. 14.] The truth is, they would fain make him so, and bind us with Samson in new Cords; but we hope they become as Flax, and that they will either loose from our hands, or we shall have the Courage to cut them.

Upon the same grounds of Retaliation did Samuel do justice with his own hand upon the Tyrant Agag. As thy Sword (says the Prophet) hath made women childless, so shall thy Mother be childless amongst women; nor is there any Law more natural and more just. [Note: 2. Sam. 15.23.]

How many Mothers has our Agag for his own ambition made childless? how many Children Fatherless? how many have this reason to hew this Amalakite in pieces before the Lord? And let his own Relations, and all theirs that are Confederates with him, beware, lest men come at last to revenge their own Relations in them. [Note: In Discors.] They make many a woman husbandless, many a Father childless. Their wives may come at last to know what 'tis to want a husband, and themselves to lose their children. Let them remember, what their great Apostle Machiavel tels them; that in contestations for the preserving their Liberty, People many times use moderation; but when they come to vindicate it, their rigour exceeds all mean, like beasts that have bin kept up & are afterwards let loose, they always are more fierce and cruel. To conclude with the example Jehojada hath left us; 6 years he hid the right Heir of the Crown in the House of the Lord, & without all doubt, amongst the rest of Gods services there he was all that time contriving the destruction of the Tyrant, that had aspired to the Crown by the destruction of those that had the right to it. Jehojada had no pretence to authorize his action, but the Equity and Justice of the act it self. He pretended no immediate command from God for what he did nor any authority from the Sanedrin, and therefore any man might have done what Jehojada did as lawfully, that could have done it as effectually. [Note: 2 King 11. 2 Chron. 23.] Now what citation was given to Athaliah, what appearance was she cal'd to before any Court of Justice: her fact was her trial she was without any expostulation taken forth of the Ranges, and onely let live, till she got out of the Temple, that that Holy Place might not be defiled by the bloud of a Tyrant, which was fitter to be shed on a dung-hill, and so they slew her at the Horse-gate. [Note: Chron. 23.14.] And by the Kings house, the very White-hall where she had caused the Blood-Royal to be spilt, and which her self had so long unjustly possest, there by Providence did she receive her punishment, where she had acted so great a part of her crimes. How the people approved of this glorious action of destroying a Tyrant, this Chapter tells us at the last v.

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And all the people of the Land rejoyced, and the City was quiet, after they had slain Athaliah with the sword. [Note: 2 Chron. 23.14.] And that it may appear they no less honoured the Authours of such actions, then other Nations did; as in his life-time they obeyed Jehoiada as a King, so after his death, for the good he had done in Israel (saith the Scripture) they buried him amongst the Kings. [Note: 2 Chron. 34.16.]

I must not conclude this story without observing that Jehojada commanded, that whosever followed Athaliah should be put to death. Letting us see what they deserve that are Confederates with Tyrants and will side with them, and but appear to defend them, or allow them, his Highness his Councel, his Junto, and the Agaes of his Janizaries, may, if they please, take notice of this, and repent, least they likewise perish. And likewise his Highness his Chaplains, and Tryers, who are to admit none into the Ministry that will preach liberty with the Gospel; may, if they think fit, observe, that the Tyrant fell Mattan the Priest of Baal. And indeed none but Baals-Priests will preach for Tyrants. And certainly those Priests that Sacrifice to our Baal, our Idol of a Magistrate, deserves as well to be hang'd before their Pulpits, as ever Mattan did to fall before his Altars. [Note: Mr. Sindercomb's Judge and Jury may likewise consider of this point.]

I should think now I had said much more then enough to the second question, and should come to the third and last I proposed in my Method; but I meet with two Objections lying in my way: [Note: 2 Chron. 23.17.] [Note: Object. 1.] The first is, That these examples out of Scripture, are of men that were inspired of God, and that therefore they had that Call and Authority for their Actions, which we cannot pretend to, so that it would be unsafe for us to draw their actions into examples, except we had likewise their Justification to alledg.

[Note: Object. 2.] The other Objection is, that there being now no opposition made to the Government of his Highness, that the people following their callings, and trafficque, at home and abroad, making use of the laws, & appealing to his Highnes courts of justice: That all this argues the peoples tacit consent to the Government; and that therefore now tis to be reputed lawful, and the peoples obedience voluntary.

[Note: Sol. 1.] To the first I answer with learned Milton, that if God commanded these things, 'tis a sign they were lawful and are commendable. But secondly, as I observed in the Relations of the examples themselves; Neither Sampson nor Samuel alledged any other cause or reason for what they did, but retaliation, and the apparent justice of the actions themselves. Nor had God appeared to Moses in the Bush when he slew the Egyptian; nor did Jehajada alledg any Prophetical Authority or other Call to do what he did, but that common Call which all men have, to do all actions of Justice that are within their power, when the ordinary course of Justice ceases.

[Note: Sol. 2.] To the second my answer is, that if commerce and pleadings were enough to Argue the people's consent, and give Tyrannie the name of Government, there was never yet any Tyrannie of many weeks standing in this world. Certainly, we then extreamly wrong Caligula and Nero in calling them Tyrants, and they were Rebels that conspired against them; except we will believe, that all the while they reign'd in Rome, they kept their shops shut, and opened not their Temples, or their Courts. We are likewise with no lesse absurdity to imagine, that the whole 18 years time which Israel served Eglon, and 6 years that Athaliah reigned, that the Israelites quite desisted from traffique, pleadings and all publique acts: otherwise Ehud and Jehoiada were both Traytors, the one for killing his King, the other his Queen.

But we shall not only lose our Courage which is a useles and unsafe vertue under a Tyrant, but by degrees we shall, after the example of our Master, All turn perfidious, Deceitful, Irreligious, flatterers, and what ever else is villanous and Infamous in Mankind. See but to what a degree we are come to already. Can there any Oath be found so fortified by all Religious Tyes; which we easily find not a Distinction to break, when either Profit or Danger perswades us to it? Do we Remember any Engagement? or if we do, have we any shame to break them? Can any Man think with patience upon what we have profest, when he sees what we Vilely do, and Tamely Suffer? What have we of Nobility amongst us but the name, the luxury and the vices of it? poor wretches, these that now carry that title, are so far from having any of the vertues, that should grace, and indeed give them their titles, that they have not so much as the generous vices that attend greatness, they have lost all Ambition and Indignation. As for our Ministers, what have they, or indeed desire they, of their Calling, but the Tythes? [Note: Dr. Locker. Dr. Owen. Mr. Jenkins, &c. ] How do these horrid prevaricators search for distinctions to peece contrary Oaths? How do they Rake Scriptures for flatteries? And Impudently Apply them to his monstrous Highness? what is the City but a Great Tame Beast, that eats and Carries, and cares not who Rides it? What's the thing call'd a Parliament but a Mock? Composed of a people that are only suffered to sit there, because they are known to have no vertue, After the Exclusion of all others that were but suspected to have any? What are they but pimps of Tyranny, who are only Imployed to draw In the people to prostitute their Liberty? What will not the Army fight for? What will they not fight against! What are they but Janizaries, slaves themselves; and making all others so? what are the people in general but Knaves, Fools, and Cowards; principled for Ease, Vice and Slavery? This our temper, his Tyranny hath brought us to already; and if it continues, the little vertue that is yet left to stock the Nation, must totally extinguish, and then his Highness hath compleated his work of Reformation. And the truth is, till then his Highness cannot be secure. He must not endure vertue, for that will not endure him: He that will maintain Tyranny, must kill Brutus, sayes Machiavell. A Tyrant, sayes Plato, [Note: Disc. l. 3. cap. 3.] must dispatch all vertuous persons, or he cannot be safe; [Note: De Repub. lib. 8.] so that he is brought to that unhappy necessity, either to live among Base and wicked persons, or not to live at all.

But before I press this business farther, if it needs be any farther prest, that we should endeavour [Page 13] to rescue the honour, the vertue and liberty of our Nation, I shall answer to some few Objections that have occurred to me. This I shall do very briefly.

Some I find of a strange Opinion, That it were a generous and a noble action to kill his Highness in the field; but to do it privately they think it unlawful, but know not why. As if it were not generous to apprehend a Theef, till his sword were drawn, and he in a posture to defend himself and kill me. But these people do not consider, that whosoever is possest of power any time, will be sure to engage so many either in guilt or profit, or both, that to go about to throw him out by open force, will very much hazard the total ruine of the Common-wealth. A Tyrant is a Devill that tears the body in the exorcising; and they are all of Caligula's temper, That if they could, they would have the whole frame of Nature fall with them. [Note: Sueton in vit. Calig. ] 'Tis an opinion that deserves no other refutation, then the manifest absurdity of it self; that it shoulde be lawful for me to destroy a Tyrant with hazard, blood, and confusion, but not without.

Hitherto I have spoken in general to all English-men; Now I address my discourse particularly to those that certainly best deserve that name, Our Selves, that have fought, however unfortunately, for our Liberties under this Tyrant; and in the end couzened by his Oaths and Tears, have purchased nothing but our slavery with the price of our blood. To us particularly it belongs to bring this Monster to Justice, whom he hath made the Instruments of his Villany, and sharers in the Curse and Detestation that is due to himself from all good men. Others onely have their Liberty to vindicate; We, our Liberty and our Honour. We engaged to the People with him, and to the People for him, and from our hands they may justly expect a satisfaction of punishment, being they cannot have that of performance. What the People at present endure, and Posterity shall suffer, will be all laid at our doors: for onely We under God have the power to pull down this Dagon which we have set up. And if we do it not, all Mankind will repute us Approvers of all the Villanies he hath done; and Authors of all to come, Shall we that would not endure a King attempting Tyranny, shall we suffer a profest Tyrant? [Note: Cic. in Epist. ad Octav. ] We that resisted the Lyon assailing us, shall we submit to the Woolf tearing us? If there be no remedy to be found, we have great reason to exclaime; utinam te potius (Carole) retinuissemus quam hunc habuissemus, non quod ulla fit optanda servitus, sed quod ex Dignitate Domini minus turpis est conditio servi; We wish we had rather endured thee (O Charles) then have been condemned to this mean Tyrant; not that we desire any kind of slavery, but that the Quality of the Master something graces the condition of the slave.

But if we consider it rightly what our Duty, our Engagements, and our Honour exact from us, both our Safety and our Interest oblige us to, And 'tis as unanswerable, in us, to discretion, as 'tis to vertue, to let this Viper live. For first he knowes very well, 'tis onely we that have the power to hurt him, and therefore of us he will take any course to secure himself: he is conscious to himself how falsly and perfidiously he hath dealt with us, and therefore he will alwayes fear that from our revenge, which he knowes he hath so well deserved.

Lastly, he knowes our Principles, how directly contrary they are to that Arbitrary power he must govern by, and therefore he may reasonably suspect, that we that have already ventured our liues against Tyranny, will alwayes have the Will, when we have the opportunity, to do the same again.

Now as to our Interest, we must never expect that he will ever trust those, that he hath provoked and feared: He will be sure to keep us down, lest we should pluck down him. 'Tis the Rule that Tyrants observe, when they are in power, never to make much use of those that helpt them to [Page 14] it, and indeed 'tis their Interest and security not to do it: for those that have been the authors of their greatness being conscious of their own merit, they are bold with the Tyrant, and lesse industrious to please him. They think all he can do for them is their due, and still they expect more: and when they fail in their expectations, (as 'tis impossible to satisfie them) their disappointment makes them discontended, and their discontents dangerous. Therefore all Tyrants follow the example of Dionysious, who was said to use his friends, as he did his Bottles, when he had use for them, he kept them by him; when he had none, that they should not trouble him and lie in his way, he hung them up.

But to conclude this already over-long Paper, let every man to whom God hath given the Spirit of Wisdome and Courage, be perswaded by his Honour, his Safety, his own Good and his Countries, and indeed the duty he owes to his Generation, and to Mankind, to endeavour by all Rational means to free the World of this Pest. Let not other Nations have the occasion to think so meanly of us, as if we resolved to sit still and have our Ears bored: or that any discouragement of disappointments can ever make us desist from attempting our Liberty, till we have purchased it, either by this Monster's death, or by our own. Our Nation is not yet so barren of vertue, that we want noble examples, to follow amongst our selves. The brave Sindercombe hath shewed as great a mind, as any old Rome could boast of; and had he lived there, his name had been registred with Brutus, and Cato; and he had had his Statues as well as they.

But I will not have so sinister an opinion of our selves (as little Generosity as Slavery hath left us) as to think so great a vertue can want its Monuments even amongst us. Certainly, in every vertuous Mind there are Statues rear'd to Sindercombe. When ever we read the Elogies of those that have dyed for their Country; when we admire those great Examples of magnanimity, that have tired Tyrants cruelties: When we extoll their constancyes whom neither bribes nor terrours could make betray their Friends: 'Tis then we erect Sindercombe Statues, and grave him Monument: Where all that can be said of a great and noble mind, we justly make an Epitaph for him. And though the Tyrant caused him to be Smothered, lest the people should hinder an open Murder, yet he will never be able either to smother his memory, or his own Villany. His Poison was but a poor and common device to impose only on those that understood not Tyrants practises, and are unacquainted (if any be) with his cruelties and falshoods. He may therefore if he please, take away the Stake from Sindercomb's Grave; and if he have a mind it should be known how he dyed, let him send thither the Pillowes and Feather-bedds with which Barkstead and his Hangman smothered him. But to conclude, Let not this Monster think himself the more secure, that he hath supprest one great Spirit, [Note: And what may Cicil and Toop expect for their Treachery and Perjury?] he may be confident, that Longus post illum sequitur ordo idem petentium decus.

There's a great Rowl behind, even of those that are in his own Muster-Rolls, that are ambitious of the Name of the Deliverers of their Countrey: and they know what the Action is that will purchase it. His Bed, his Table is not secure; and he stands in need of other Guards to defend him against his own. Death and destruction pursues him wheresoever he goes: they follow him every where, like his fellow-travellers, and at last they will come upon him like armed men. [Note: Job. 20.] Darkness is hid in his secret places, a Fire not blown shall consume him; it shall go ill with him that is left in his Tabernacle. He shall flee from the Iron weapon, and a bow of Steel shall strike him through. Because he hath oppressed, and forsaken the poor; because he hath violently taken away a House [Note: White-hall. HamptonCourt, &c.] which he builded not: We may be confident, and so may he, that ere long, all this will be accomplisht: [Note: V.5.] For the Triumphing of the wicked is but short, and the joy of the Hypocrite but for a moment. Though his Excellency [Note: He hath now left that Title for Highness; and will shortly leave that for King.] mount up to the Heavens, and his Head reacheth unto the Clouds, yet he shall perish for ever like his own dung. They that have seen Him, shall say, Where is He?

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

HOw doth the Press labour (in this Scribling age) under the burthen which is put upon it, by every wilde and brain-sick fancy of our Republican Candidates; each of them, according to the length of that Worm which is crawling in his head, flinging in his Paper myte, though of never so base and counterfeit stuff, towards the erection of that, which is supposed in his opinion, but to look like matter of Defence, for this Utopian thing, of a Common-wealth, so much noysed and talked on amongst us, Though to sober and judicious persons, It cannot but be known, that the least blast proceeding from unbyassed, solid, and impartial truth, and prudence, scatters (as to us of this Nation) all those empty Nothings which seem to make such a fine and Gawdy shew, into meer ayr and bubble: For, let the pyth and substance of all, even the best of that matter (for some there is so frothy and full of filth that the very reading of it nauseates) that hath been said or writ on this subject be pickt out, and but narrowly survey'd and considered, and what doth it all amount to, more, than what (as it relates to us) the applying of one short Distinction, takes off the edge of all in it, which looks like any thing of Logick or Sense. It may surely be acknowledged, That, It is possible, a People may live happily enough, under any of the three chief forms mentioned in Story, viz. Monarchy, Aristocracy, or Democracy, so they have good Laws, and good Magistrates. The form in that case, doth not perhaps much add, or diminish; But to prefer any of the two last, before the first, is to deny that faith and experience which all good History hath taught us; And, as the case stands in this Nation, where Monarchy is more ancient than History it self, and so venerable and acceptable to the spirit and genius of the whole body of the People, of all sorts, our Laws (the absolutely best in the Christian [Page 2] world) being graffed into that stock, and having their birth and breeding under that happy Government, To attempt, or any way affect, the Desired alteration, were nought else but to Renounce and bid Defiance to our reason and understanding. Were we a people newly Dropt from the Clouds, and now to begin the setling of a frame of Government for our selves, The best Directions, we could gather from all that hath hitherto been said, or indeed possibly can be excogitated, by the wit and invention of man, to recommend us to that, which some persons for their vile and ugly interest and ends so much hanker after, hath their whole fabrick built upon such suppositions as no rational or prudent man can possibly suppose all arguments for it; Taking for granted, That, which never was, is, or indeed can be found, amongst men clothed with corrupt Mortality: But when we are already under such a constitution as is premised, and which is the chief matter of the subsequent Discourse, To ravel all our Laws, Dig up such ancient Foundations, and unsettle that firm Bottom, which hath for so many ages rendred us an opulent, famous and flourishing people: It would be such a peece of folly and madness, That any Potent neighbour Prince, may surely have just cause to think that by the Law of Nations he may invade and possess our properties, upon the Title, score, and accompt of Idiotism, Lunacy, or Phrensie.

It is possible, That some (otherwise very eminent and worthy persons) may by the subtilties and insinuations of others, be so far mislead, as to think very gloriously of that which is so much talked on, and so little understood, A Free State, or Common-wealth; and that the true and real essentials thereof cannot be had, and enjoyed, but in, and under such a popular frame and constitution as they fancy. These subtle men know well enough, that there is no easier way to cheat us out of our best condition than by the hopes of enjoying it in a better manner, and under a fuller freedome: And some of them know also, as well as the best sort of their bribed Pen-men, That there is a great and vast difference between the form of a thing, and the essence of it; The confounding and not distinguishing whereof, in our considerations upon that subject: But being so presented, as if the one were not to be had without the other, is that, which gives them such advantage to insinuate their corrupt and crafty beguilings to such upon whose capacities and understandings they have hope to impose and prevail: And although their owne sinister and vitious ends therein, is so manifest and notorious, every body knowing well their inclination, temper, and disposition, and what it is, they hereby aim at, viz. Not to be in the least hazard or fear of punishment, or restitution, for whatsoever acted or rapin'd by them, during the late shakings and convulsions of the Times; for though they are or may be undoubtedly assured, of an absolute obsolute (sic) and certain indempnity, and a full and free injoying of what they are so fearful to be deprived of, yet (oh the fright and terrour of a guilty Soul!) [Page 3] That will not serve the turn, They cannot rest in quiet, nor injoy any calm thoughts, unless they tare up all by the roots, and utterly demolish all footsteps of that Government and those Laws, which may in any sort continue the least of fear, hazard, or danger upon them: And whatever other fair and specious pretences are made, of a Free State, and Common-wealth, and other glorious and glossy things, to delude and captivate vulgar apprehensions; Yet their own consciences cannot but tell them, That from this currupt stem and root alone, springs all these fine, Gawdy and Republican leaves and blossomes; For this is openly manifest, That whilst some Grandees of this sort sat at the sat tat he (sic) stern, although their discords in all other things were almost infinite, yet they still agreed in this, to destroy our fundamentals in order to complete their designs, and secure there own empty and pannick fears and jelousies; which ingaged all sober and judicious persons, to detest their way and courses, and more firmly unite themselves, to the true loyal interest, as abhorring those violent confusions, and destracting alterations, amongst us, which they saw this Free state or Republick must of necessity introduce: Now, that this their fallacies, of thus contunding the formalities, and essentials, of a Common-wealth together; And insinuating the non-possibility, as it were, of the one to be without the other, may the more clearly and fully appear: Let us reflect a while upon the Government here amongst us, as it stood twenty years ago; which though truly Monarchical, yet did it by a frequent Refining of it self upon several occasions (rejecting the evil, and retaining the good of all the known best Governments in the world) raise it self to such a mirrour of perfection, That it became the envy of Monarchies, and shame of all Common-wealths, who therein might behold themselves so ecclipsed and silenced in all the pretentions to Liberty and Freedom; That it might be truly asserted of us, That with the most Choyce and signal ornaments of the Noblest Kingdomes, we injoyed all the Immunities and Priviledges, of A Free State, and Common wealth. And although All nations have their several and peculiar Rights and Freedoms, yet none so truely free as the people of England, can they be but so happy, as to keep their fundamental Laws inviolate and unshaken.

The Excellency of these our Rights and Freedoms, consist principally in these Particulars following,

• 1. That we cannot be disseized or charged in our Freeholds, Franchises, or Goods, but by Law, or our own consent; and that in a Free and lawful Parliament, and for the publick good onely.
• 2. There is such care taken of the Liberty and Freedom of our Persons, That none ought to be straitned or imprisoned but by a lawful Trial of his Peers, or the known Laws of the Land, executed by a lawful Magistrate. The cause of the imprisonment is to be expressed in the warrant, and prosecution within a fit time to be made, or the party to [Page 4] be delivered by a Habeas Corpus, which the Judge cannot deny; and if an undue or illegal commitment be made, it is actionable at Law, against the Officers who are instrumental therein.
• 3. That no Law hath force to bind, but such as by our own allowance, hath been or shall be established, by the soveraign of the Nation, or else hath been received ab antiquo by the constant usage of the People.
• 4. No Judgment concludes us but such as is passed before Magistrates, of our own nation, who ought to be ordinarily called, duly authorized, and legally sworn to do us justice according to the known Laws of the Land.
• 5. All our proceedings and Trials at Law ought to be publick, to our greatest ease, viz. in the open view of the County, Hundred, Society, or Corporation, where the cause of action is supposed to be given.
• 6. Every particular person in matter of Crime or interest is Triable onely per pares, his equals, fellows, or Neigbours, who make the said Trial upon their corporal oath, from which form of Trial, (in point of right) the Soveraign himself cannot plead exemption.
• 7. That Justice according to Law, and that form of Trial, cannot be sold, delayed, or denyed to any person whatsoever.

These are the chief heads of the Rights, Freedoms, and Liberties of the People of this Nation firmly setled and established, under Monarchy, which together with other particulars, collectable out of that above thirty times confirmed Magna charta, and the Petition of Right, and what were granted by the late King, in his last and never to be forgotten Parliament, sure such a stock of Immunity and Freedom for a people, that all the Free-states, and Common-wealths, that are, or ever were, extant, in any place throughout the whole universe, may be justly challenged to shew if they can, the like Liberty and Freedom for their Citizens and Subjects: We may truly say, that the Peoples Liberty walks with equal pace at least, and stands upon as firm if not firmer ground, than the Soveraigns Prerogative, nor are they esteemed less tender and sacred; For upon the least infringement, or violation of what belongs to the people, in point of Liberty and Immunity, far more loud alarms have been alwayes given to the whole Nation, Then have been taken by Sovereignty Soveraigntive (sic) , when the very bowels of Prerogative have been deeply gashed, and in a manner quite torn out.

Some experience, we have of late years had, of a Common-wealth (as it was called) here amongst us, viz. from 1648, to 1653, and strange unknown Guardians it had set over it, and as strange and unheard of acts of violence, and arbitrary exorbitancy; It was most freequently guilty of, such as have cause enough to be by all remembred, and surely cannot easily be forgotten; And so, though in a very faint and staggering condition, it continued acting its illegal cruelties, upon all occasions, and that with all severity, until that fate befell it; which happens to most of that sort, and kind, though of far better frame and con [Page 5] stitution than can possibly be ever expected amongst us, which is, that unless it can Truckle under some potent Neighbour Prince, shall be sure to be invaded by Usurpation, debauched by Oligarchy, or confounded by Anarchy: And this, how often since, it hath in this short time been our own case, it may with sadness enough be remembred by us; For how is it probable, or indeed possibly to be expected, that any Government erected and established by inequality and force (as ours must needs be, if we desert our old foundation) can ever subsist and fasten, without an exorbitant and all-devouring power, and force to uphold and maintain it; And on whose shoulders the burthen of that must needs lye, (the grand and standing Treasury and Revenue being exhausted, and squandred into private hands, and all publick Monies (or rather indeed Rapines) passing through the pitchy claws of such State harpies as we have already had experience of, and such or their like as cannot but be expected hereafter) it is easy enough to be conjectured; In which, and manifold other respects, It is impossible to be imagined otherwise in reason, but that the little fingers of our upstart Lords and States-men Staes-men (sic) , of such an empty new-rising State (be the Rota, or whymsical wheel terning or standing still) cannot possibly but prove more heavy and weighty to a tame and tired people, then the whole loyns of a Free born Heir, and of an ancient Monarchy setled as this is, whose Reputation, Title, and Self-sufficiency, will be supersedeas enough to the peoples discharge, of whatsoever may but look like oppression to them: And should we after all our expence, Toile, Torments of faction, and such emptying of our selves, fix and settle at length, into such a degree of possible permanency, as that we may but seem to stand a high-lone, though with the prop of an army (For that in no case must be left out) what Alarms and excitements should we presently give to all our neighbours, by our new upstart and strange shape? What State solœscisme should we be guilty of, and very probable provocations to all our best Allies? And their being several Dormant accompts, in the memorials of Princes abroad, who watch but for their opportunity and advantage, can it in reason or prudence be otherwise imagined, but that in the conclusion, we must be forced to admit of theirs, or at best our own Soveraigns conquest upon us: Besides, how will our State craftsmen fodder up the business, about those two ancient Monarchies of Scotland and Ireland: And whether they will be long contented (if at all) to Truckle under such a half, (or rather no) headed Bedsted as ours is like to be, and that without either Curtaines or Valence to it, when they may have a rich and royal Canopy, and Cloth of State of their own, That would surely do well to be enquired into, and to have us assured of.

By what is premised, we may somewhat guesse at the cheat which would be put upon us, by those partially Byassed, and self-interessed men, who make this noyse and stir by themselves and their hyred Advocates, of all sorts, subtle, and silly, about this businesse of a Common-wealth [Page 6] which will be more illustrated upon farther contemplation of that happinesse which we and our Ancestors have so long enjoyed, under that Celestial form of Government (Monarchy) our Lives, Liberties and Estates being under it, so well and amply secured by our Lawes, that what people was there under Heaven, that might with truth and sincerity, boast of a more flourishing and happy condition than we were in, till Ambition and Faction entred amongst us, and rent and tore in pieces, all the Gards and Seams, which linkt and bound us together, and which adorned and filled us with such beauty, health, vigor and prosperity, that we were become the envy and wonder of the whole Christian world. And that which hath been by those rotten, and self-interessed men, so often imputed to Monarchy, and Kingship, (Tyranny) so fast and strongly tyed and chained up by our Lawes, from doing hurt or prejudice to us, in our best and deerest concerns, that we were become, even dainty, nice and wanton in our felicities; such a Cornu Copia, or Catholicon, of welfare, and happinesse, our Prince and Soveraignes gentle power was to us, that whilst it enjoyed its just justs (sic) Rights, we received thence all the benefits of plenty, ease, and quiet, that possibly could be imagined. It was our curb to Tumults, our Moderator to Factions, our Sanctuary Sanctnary (sic) for Remedies of all sorts, our assured preventer of Mischiefs, it topp'd Usurpation, administred Justice, afforded Equity, and indulged Clemency and Mercy: It was the very joy of our Hearts, and the breath of our Nostrils, and what is it but a kinde of black, hideous, and mischeivous Envy (had I said Blasphemy, there is good warrant for it in Holy Writ) to despise, reject, and kick against it, and so against Heaven it selfe. Monarchy being the sole and onely Government ordained by God, and Kings and Kingdomes, his alone institution and planting, as is cleer by the whole current of Sacred Scripture, from Adam even till the Primitive Church after Christ; and Republiques, States, and such like, a meer depraved Institution of Man, for corrupt and sinister ends; and as it was, and is established here amongst us, so bounded by Law, and exempt from Tyranny, that it could not so much as oppresse a poor harmless Orphan. No Sheriffe, Constable, or Bailiffe, but was more terrible, powerfull, and petulant, in their severall and distinct wayes and powers, than the Soveraigne himself, and less subject to the curb, rule, and guidance of Law, in most of their actions and administrations: He neither made Lawes in his personall capacity, neither did he execute or interpret them. No Judge stood in awe of his single command, to justifie the least trespass. Nothing was more true than that great and general Maxime, That the King could do no wrong; for in the case cose (sic) of any wrong done, the presumption of Law was, That he did it not, but his Officers or Agents were accomptable, and responsal to the Law for it; his Power was so limited by his Justice, that his displeasure could streighten no mans liberty, but the Law would relieve him by a Habeas Corpus, which the Judge durst not deny. And yet this [Page 7] Innocuous, meek and gentle Authority, for the vile, base, and corrupt ends, of some bloody, covetous, and ambitious persons, must be branded with the odious name of Tyranny, and all the filth that can be cast up from their Rankerous Lungs must be flung upon it.

'Tis true, a Negative voice the Soveraigne had in the passing of Laws, but what (upon due consideration) did it signifie, but a meer weapon of defence, to shield the Government from being prostituted to alteration, at the will and pleasure of inferiority. And doth not late times tell us, there was a just necessity for it? and was there not such an equivalent awe and power in the People for this Negative voice, that as they could pass no Law without him, so could not he without them? besides, was not the publick purse in their hands, and dispose, to engage him to pass what they had a minde to? Were not all the Officers, and Ministers of State, and others, appointed by him, accomptable to Parliaments, and to the Laws? or was it in his power to save any of them, or yeild him the least skreen, shelter or protection, in case they stood obnoxious. The Militia and Nations Sword he wore indeed, for decency sake only, but could not draw it for the oppression of the People, but by their own consents, he having no mercenary Redcoats at his command; but the Armes of the Nation were in the hands of men of Estate and interest, the Officers being Gentlemen commonly of the better sort and quality, and the Soldier a Yeomen or Farmer at least. All of them such, as cannot in reason be conceived to joyne against Law, with the Lust and Ambition (could such a thing possibly be) of any single person of what quality soever, to abridge and destroy any just Freedome, they enjoyed as their Birth-right.

This was the state and condition of the Militia, and Armes and Force of the Nation, in those happy dayes of exercised Monarchy amongst us, which right or wrong, be the truth what it will, and never so manifest and notoriously known to be so, yet must, and shall by some, be still called Tyrannical; whereas ever since these blessed Halcion times, how have we found the case to be altered in that, and all other particulars, since this Rumble of a Free State, and Common-wealth hath brolled in our heads, especially when Fanatick Saintship and profession came in to bear sway amongst us? And the Good old Cause-mongers brought in their Canting Tones, and Phrases, which, like Gipsies, they used to know one anothers mindes by, whilst they munged the peoples Noses, and publiquely pickt their pockets. What strange and unheard of violences, and outrages have our eyes beheld committed by those, who under such bare our Armes, and were paid for it by us, and in stead of protection and defence to us, as in the dayes of our Monarchy duly exercised? what awe, dread and terror, did such keep the whole Nation under, from the highest to the lowest, of all sorts and qualities?

But why is that mentioned, which is in a manner the least of perversions, and a kind of a Peccadillo, to those many other grand and piacu [Page 8] lar Crimes and Offences, Rapines, Murthers, hideous and unparallel'd oppressions of all all all (sic) sorts and kinds, which have been our lot and portion ever since we were made so unhappy, as to be deprived of our old Government, and Royal Race of Governours, and became slaves and bondmen to a generation of such State Empericks, pretending cure and healing to those wounds, which themselves (for cursed ambitious ends) had made; As that certainly none then we, have more rightly imitated the Dog in the fable, That have lost the substance of an opulent flourishing and happy Free State and Common-wealth Comm-wealth (sic) , which really and indeed we injoyed in all its essentials, and perfections, and caught, and embraced onely, an empty shadow, and sound of one in our ears (which (whatever may be pretended) is all we are ever like to enjoy, under any Government but our old one) when our Estates, Liberties, Bodies, Lives; nay, our very Souls have been, Torn, Harrassed Herassed (sic) , Oppressed, Buchered, and Tortured, under the several vicissitudes, of all the most Tyrannical insolent and boundless powers of unlimited arbitrary usurpation, that ever shewed themselves in any age or place, amongst the Sons of Christian men: And which are yet by these men (who and what sort and principles they are of, is manifest enough) laboured and endevoured to be continued amongst us, under the same spetious Title, Name, and Shew of a Free State and Common-wealth, whose shadow must still upon all occasions be freshly assumed, though the substance, Themselves know we have already in the best manner and most absolute perfection, anciently and firmly setled and established amongst us, by our Laws: But should they as formerly be in any sort returning upon us, in what shape soever (for let the outside be what it will, it is very well known what lies within, and what fruits and effects must needs be thence produced) It is hoped almighty God will so unite and animate the Nation with such a noble publick spirit, That our ancient and known fundamental Laws, and in them, the peace, quiet welfare, and happiness of our Countrey, may (next our duty to him) find the chiefest place in our hearts and minds, and arm us with a constant resolution and undaunted zeal and courage, to use all just and lawful means, that this Divine Providence shall hold forth and season to our hands, for theirs and in them our self preservation, that we may shew, we have derived from our progenitors a true English Gallantry, defying all Hazards and Dangers in discharge of our Duties to God, our Laws, and our Countrey: Nor can any man be justly esteemed worthy, the inheritance of his fathers Honours, Immunities, and Freedoms, who dares not convey them through all Difficulties and Dangers, to succeeding generations.

And that this resolution may be firmly fixed upon the spirits of those now in place and power. It is also hoped, that it will not by them be deemed nought and unseasonable to hint to them this Memorandum, or Quere, whether from the first beginning of that great contest, which hap [Page 9] ned between the late King and his Opposers; There was not any thing more chiefly and principally all along insisted upon, by both parties, than the upholding and maintaining the ancient known and fundamental laws of the Land? Was not the pretended violation and infringement of them, urged against those two great Zanzummines of Church and State Ssate (sic) , the Arch-bishop of Canterbury, and the Earl of Strafford; And urges so far, as that their lives were layed down and sacrificed, for those laws, maintenance, and preservation; and hath not the swerving and deviating from those Laws, let in all those floods and torrents of Rapine, Misery, and Calamity, with which such an inundation have so long overspread the the the (sic) face of this our Isle, and its dominions, and every where fill'd the same with horror and confusion; And is not this so cleerly manifest, and notoriously known, that the light it self that dayly shines amongst us, may by mortal power be sooner totally extinguished, than that undoubted truth; Nay, hath not this truth been often hinted and remembred by themselves, as may be seen in their printed publishments by way of vindication of themselves, concerning their seclusion seclesion (sic) from the place and authority they are now in, with a cry and clamour to those then in power, to heal the sores and wasting divisions of the Nation, by a Reinduction of the known ancient and fundamental Laws thereof; and are not these things, and much more to this purpose, which may be truly asserted, but of yesterday, as it were, and very fresh and recent in the minds and memories of all men? how then may or can it any way be answered to God, our Saviour, and the world, by those now in authority, if after all this, and so sad and lamentable an experience made, and the care of all our doleful maladies, so cleerly apparent, to be obtained by no other, or better remedy, than by a continuance of the firm establishing of those Laws; And that remedy be plain and easie to be layed hold on, should they at such a time as this, be terrified, or upon any pretence whatsoever, be so far seduced, as to delay and neglect the same, or to put any bars or shackles upon the freedome, liberties, and birthrights of the people, so, or in that manner, as the same may be any way hindered or impeded; Nay, themselves also being cryed out too, and clamoured on, for this, by the general and universal vote, and earnest desire, of the whole body of the Nations, of all sorts, conditions, and qualities; And whatsoever the Interest be which seems to oppose it, as it is sinister, corrupt, and vitious, in its first being and origination, so is it odious and sacrilegious to God, and vile and contemptible, even in the eyes of the world, which it so much looks upon and respects; and however some of that Interest (for there are two sorts of them, one far more moderate, peaceful, and modest, than the other) would have the same thought to be of that bulk and magnitude, as thence to raise a consideration, in its favour, that may keep the wound still open, and the general gederal (sic) peace either altogether unsetled, or done Republicanly, and so slightly infirmly, and not lastingly, so as that there may be still hopes [Page 10] left for them, of new booty and prey to be further obtained, and added to their former heap of spoils and devourings; Yet upon due search made, It will undoubtedly be found, that such of that Interest, who are thus minded, and so far intoxicated with its poyson, as to desire a new foundation, for our Laws to settle on, and so labour and endevour the abolishing of the old, and introducing a novel frame, and constitution amongst us, are so thin and tenuous, and so contemptibly inconsiderable a number, and most or all of them likewise, having such deep stains upon them (to say no more) that it cannot but be thought the most deplorable of all miseries, and calamities, that can befal a people and nation, nay three nations, and the numerous people thereof, And a strange kind of infatuation of that Authority over them, that any such care and provision should be had and taken, for such a sort, and such an Interest, That the consideration thereof, should any way obstruct and hinder, that firm and lasting settlement, which concerns so many millions of persons, of all sorts, sexes, qualities, and conditions, and which is so woven into, and concentered in our Laws, and the very vital part of them, and of all our liberties, freedoms, and happinesse, which began likewise with the first natives of this Island the Brittains, and continued amongst us, for so many centuries of years, and recieved its approbation, by so many Ages and Generations of our Fore-fathers, and Ancestors, and rendred us a famous and flourishing People and Nation throughout the whole Christian World.

Nor need either of these sort of men be at all doubtful neither ( whatever what ver (sic) vain and empty jealousies and fears they have to the contrary) But upon such a just and righteous settlement, of a firm and lasting peace, the wisdom of the Nation may, and no doubt but will, find out a way and means, That not a man of them shall be a penny damnified in their purchases and acquisitions of any sort or kind whatsoever: And yet both Crown and Church have a fitting and full patrimony too; which (when it comes to that) may with as much ease be demolished to any capable understanding, as this expression thereof is here set down to be read and perused: And if this be so, as to them, which clearly and without all controversie may (and that without much diffculty) be done, and no mans property intrencht upon, nor the publick body of the nation at all prejudiced or damnified; And the Church controversies by a national and legal Synod convened in due form, appeased, quieted and setled, so as no truly tender Christian conscience, may at all be imposed upon: But have that due evangelical liberty, which may in any kind, by the most sacred holy Writ be allowed, (And further, it is supposed no sober Christian will desire) what should hinder if the work were once strenuously, faithfully, and impartially set upon; But that yet we might hope for so much mercy from Heaven, as that after all these tempestuous stormy violences, rending wasting and consuming divisions, doleful and deplorable miseries and calamities, which have so long, [Page 11] and so fiercely raved, and raged amongst us. The Almighties hand may close up all our breaches, and we enjoy the blessed and happy benefit, of a well established firm and lasting peace; It is likewise hoped, that there is nothing premised in this paper, which may in any kind give offence to any now in place and power, either as to matters civil, or to that worthy and noble military General, by whose power & prudence much of our miseries have bin already released, and in whom it is by most believed there is such a generous and publick Ayre, and Spirit for the good and welfare of the Church and Nation; that however the mindes of some pious, sober, and judicious persons, are much flatted and dejected by severall particulars, which have passed and become publick; yet he being extricated and quitted, from the poysonous intoxications, of some very viperous Spirits, and the subtle and crafty insinuations of others, who, though not altogether so bad, yet much corrupted and misled by selfeish Interest and Faction: He will, upon due deliberation, seriously set his heart and thoughts upon the furtherance and advanceing that, and that onely, which may best conduce to the firme and lasting settlement of the peace, and quiet of a torn, tattered, and tyred people, whom he found plunged, and weltring in their own wretched and deplorable miseries and calamities. And as he hath had the honour to serve faithfully, the conjunct interest of his Soveraigne, and the Nation in his former imployments, so he will not be now induced to sever them upon any cause, specious shew, or pretence whatsoever: For be it what it will be, that is insisted upon, to move him to affect such a partition and separation (come it cloathed in what shape or colour soever it will or can come) he may rest assuredly certain, that it comes not without its speciall designe upon himselfe, which, (if not avoided) in the end will be his undoubted utter ruine and destruction; let him bring it, Ad lydium lapidem, to the true Touch-stone, either of Religion, Law, Justice, Equity or Policy, and try it by either of these, or all these together, and see, how empty, light, vaine, false, and counterfeit it will prove, in all its shews and pretences. It is known well enough, that there are some persons (and perhaps from too many of them he hath no few corrupt whispers) who are so fixed and rivited to a desire of accomplishing their own covetous and ambitious ends, though by meanes never so vile and ruinous to others: And are by selfe-guilt, so filled with rankour, envy and malice, against that person, which by all Laws of God, Nature, and the Land, should be sacred to them; That it is verily believed, that if an Angel or Seraphin from Heaven should appear, to perswade them to their duty in that particular, they like their seat and footing so well upon earth, and are so taken with the rule and domination, which they fansie they shall enjoy, in the Utopian Free State or Common-wealth, which they have floating in their own empty brains, and have so set up their heart, hopes, and faith upon it, that even such a message from Heaven it selfe, should not prevaile upon them. These men, let him please to [Page 12] avoid and shun (as to their whispers and Councels) as he would some noysome and hideous poyson, and hearken to the sober deliberations of the solid, judicious, and truly (not hypocritically) pious and moderate. And indeed (next to Almighty God, and his Sacred Word) consult but his own Soul and Conscience, which he hath professed, stands cleer, and impartial imdartial (sic) to all Interests and Factions, in this great businesse of the Nation; And let not the Publick Genius and Inclination, nay, the hearty and earnest declared desire and longing for, of the Nobility, Gentry, and Commonalty of all sorts, and from all parts and places thereof, be despicable to him, or slighted by him; but as he professeth his endeavours, for the publick settlement, so let him (declining all private junctoes) be directed therein, by publick advertisement. It is the whole People and Nations that must be obliged, let the whole People and Nations therefore freely be heard: should they desire in point of Government, (were it now in their choice) that which were not fit for them, if they be not hearkened to, they cannot be engaged: For as no man hath wrong with his consent, so certainly none in such case can be obliged against it. The generall and publick desires of the whole Nation in this particular, is known very well, nor is it doubted, but he will make good what he hath professed, and serve their publick true interest, and not the private corrupt interest and ends of some few. Many Millions there be on the one side, and some petty inconsiderable number, not worth naming on the other. Generall Peace, and a firm and lasting settlement, and happinesse on the one side; Warre, and distracting confusions, and in the end, general ruine and destruction on the other. Many other particulars may be hinted to him, but as he is noble and prudent, so it is verily expected, and earnestly hoped, we shall finde answerable effects thereof every way from him, and such as shall crown him with Riches and honour in this life, and eternall joy and happinesse in that which is to come.

FINIS. [Page [1]]

Table of contents

• 1. THE Introduction.
• 2. Sect. 1. The Case put between the King and the Bankers.
• 3. SECT. 2. That by this Councel of stopping Payments out of the Exchequer, the Subjects properti is invaded at Common Law.
• 4. SECT. 3. That by this Councel of stopping Payments in the Exchequer, the Subjects Property is invaded against StatuteLaw.
• 5. SECT. 4. That this Counsel of stopping up the Exchequer, is expresly contary to His Majesties gracious promises, and Declarations Printed and publish't by His own especial Command.
• 6. SECT. 5. The grand Objection of necessity and National Danger supposing also our Fears to be at that time just) considered at large and Answered. That the Subjects property is not violable in this State, but by his own consent, in cases of far greater National danger then this was, proved by sundry Records and otherwise, the Rapines of Edw. the 1st. and 3d. upon the Subjects Moneys in Churches, &c. considred and answered. What courses the Law hath provided for the preservation of the Kingdome, where the danger is instant and cannot stay for a Parliament.
• 7. SECT. 6. That this Councel is contrary to the Policies that have been practised heretofore by the wisest Forreign States of the World, in far greater Exigencies then ours. The Objection (of Princes not repaying money lent them by their Subjects to keep them in better Obedience) Answered. The inconvenience that hapned at Rome upon an Impeachement of the Bankers and Usurers. That persons concerned here in the Stop of the Exchequer, will be losers by loss of opportunities for bargains, &c. in this interval.
• 8. SECT. 7. That this Councel is contrary to the Common Reason of Mankind, and in some respects against the Rules of humanity. That it is pernicious to the credit of his Majesties Exchequer. The case between Phillip the Second of Spain, and the Bankers of Genoa, truly stated, and demonstrated to be essentially different from our case. Campanella's Advice to King Phillip to make speedy payment of that Debt.
• 9. The Conclusion.

• His Majesties Declaration To all His Loving Subjects, to preserve Inviolable the Securities by Him given for Moneys, and the due Course of Payments thereupon in the Receipt of the EXCHEQUER.
• THE Postscript TO THE Letter.
• Errata.

[Page [10]] [Page [16]] [Page [19]] [Page [41]]

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

TO remain silent under the Aspersions which some busy, but either weak or ill Men, are endeavouring to fasten, not only upon the Proceedings, but upon divers of the most Honourable and Loyal Members of Parliament, were to be no less treacherous to his Majesty, than careless of the Reputation of that whole Illustrious Body; as well as of the Integrity of those Persons who are said to have so much influenced the Transactions of it; and whose chief Crime (with those that Malign and Traduce them) is their having expressed so much Affection and Zeal for His Majesty's Person and Service: And as the representing their Actions in a true Light, is all that is needful, both to justify and commend them; so whosoever will be at the pains to examine them, will find them adjusted to all the Rules of Law, Religion, and Policy. And as it is not to be doubted, but that whensoever the Parliament Assembles, [Page 6] they will both vindicate their Proceedings, in Customary and Legal Methods, and exert that Authority which is essential to them, over those of their own Members, by whom they have been slandered; so all that is now to be endeavoured in their behalf, is to vouchsafe unto the English Nation (to whom they have been misrepresented) such a brief Account of their Transactions, with the Occasions, Reasons, and Motives of them; it may not only manifest the Wisdom and Loyalty of that Parliament, but demonstrate beyond all contradiction, that the only design they have been pursuing, was to preserve and maintain His Majesties' Honour, secure and establish him an Interest in the Love and Hearts of his People, and make His Throne firm and durable.

It is too evident, either to be denied or Apologized for, that all the Laws, Priviledges, and Rights of the Kingdom of Scotland, have under the Late Reigns, been not only Usurped upon and Invaded, but Subverted and Overthrown. For by gradual Inlargements of the Prerogative, beyond what was allowed by the Rules of the Constitution, and the Statutes of the Realm, the legal and regular Monarchy of the Nation, was swelled into an Arbitrary and Despotick Power. So that all the Franchises and Rights, which by Original Contracts and Subsequent Laws had been reserved unto the People, were either overthrown, or enjoyed precariously. And we are compelled to say, that the Coalition of Scotland with England, under one Monarch, without a Union between the Two Nations into one Legislative Body and Civil Government, hath given great advantages to our Late Princes of treating us with a Rigour and Loftiness, that our Ancestors were not accustomed unto: And though a small Acquaintance with the Politicks might have instructed the English, that whatsoever received a first Impression amongst us, would sooner or later obtain a second Edition amongst them; yet they seem'd either not to have foreseen, or at least not to have resented it, until the Original of King Jame's Absolute Power in Scotland (which all Men were bound to obey without [Page 7] reserve) was copied over in England, in his Claim of Soveraignty, in dispensing with those Laws, that were the fence about their Safety. It was from the unconcernedness, which the English have too often testified; not to say the countenance they have given, in Relation to the Usurpation of our late Kings over the Laws and Liberties of Scotland, that those Princes have despised the Applications made unto them, as well by Parliaments, as by the Nobility and Gentry, for redressing, their Grievances; and that the Nation remained so long discouraged from relieving it self in those Methods that were left it. And as the Scots did for many Years sadly feel and experience, into what Excess their Kings grew up in Usurping upon their Laws and Liberties; from a hope and confidence of being justified and supported in those Invasions by the Strength and Treasure of England: So the English cannot be altogether insensible, how Charles the Second not only confronted their Bill of Exclusion in England, with an Act in Scotland for the Hereditary Succession of his Brother, but what large Breaches he was encouraged to make upon their Rights and Priviledges, after his having obtained an Assistance of 22000 Men, to be enacted and granted unto him by Law in Scotland, and those to be used in what places and upon what occasions he should please to imploy them. Nor are we able sufficiently to express our Obligations to His Present Majesty, who being extremly sensible, that our remaining disunited in our Governments, and two distinct Monarchies, though link'd together under one Monarch, hath been one of the great Occasions and chief Sources of our common Miseries and Oppressions; and being desirous both to redeem us from the illegal Sufferings we have already felt, and to obviate those which might break in upon us under future Reigns, hath therefore invited the Nations to such an Union of strength, Councils and Legislative Authority, as may render them a Defence to each other; and not Instruments and Tools of enslaving one another, and a mutual Prey. Which as all wise and good Men do earnestly long for, so the common Interest of the two Nations obliges them speedily to endeavour.

[Page 8]

But we are forced to add, that besides the Encouragement which our late Princes have assumed unto themselves, of Usurping upon the Rights and Liberties of Scotland, from an expectation of being supported in it by the Power and Wealth of England; There is another Cause, unto which much of their Invasion upon the Scot's Priviledges is to be ascribed, and unto which we are forced to resolve many of our Miseries, as the Spring whence they have flowed. For upon the Succession of our Kings to the Crown of England, and their fixing their Royal Abode and Regal Seat in that Kingdom; they are thereupon fallen into a Method of deriving their knowledg of Scotish Laws and Customs, of being informed of the Grievances of that Nation, and of receiving Impressions of Persons and Things from one or two Ministers chosen to reside about them, and in order thereunto advanced into Places of Honour and Trust; and who too often have been found to want either the Honesty, Wisdom, or Courage requisite in those upon whom so much comes to be devolved. Surely the World hath had sufficient Evidence in the Ministry of the late Duke Lauderdale, what Mischiefs a Person in his Post about the King may be instrumental in bringing upon the Kingdom of Scotland: For the he was endowed with too much Wit and Courage, to be either hector'd or wheedl'd, to be any Man's Tool and Property; yet through lack of Probity on the one hand, and excess of Ambition on the other, he was easily prevail'd upon to become an Instrument of ruining and enslaving his Country. What may Scotland then dread, if a Person should be honoured with the Character and Trust of Secretary for that Kingdom, in whom all the Qualifications for so considerable a Station, were the sighing decently, the entertaining one with a grave Nod, or if you please, a Grimace instead of a sold (sic) Reason; the making those whom he judgeth Court-Favourites, his unerring Oracles; and learning the Customs, Rights and Laws of his Nation, from them that never did, nor were obliged to know them; the recommending those to be Privy-Councellors to the King, who withstood his being so; the fa [Page 9] vouring those in obtaining the Office of prosecuting Nocents, who stand accused for endeavouring to subborn Witnesses for destroying the Innocent; and, as an Addition to all those Accomplishments, should be so swallowed up in the immoderate Love of the World, that instead of having his Thoughts exercised about the Service, Grandeur, and Safety of his Master, should be wholly imploy'd how to ingross the considerable Places of the Kingdom, for inriching his Family. Into what Inconveniences may the best Prince be easily drawn, if his Secretary be unable to advise him what he may legally do, and what he may not? With what Facility is a weak and easy Person in that Post, misled by an English Minister of State, who has a mind to be revenged upon Scotland for rejecting Episcopacy? How may a Crafty and Treacherous Courtier, that hath a purpose to play an after-game for the late King, influence a Scots Secretary, unskilled in Politicks, to imbroil his present Majesty with his People in Scotland; and all for this, that the Abdicated Monarch may have a new Throw for his Crowns again? Suppose but one Person in Office about the King for the Affairs of Scotland, and him to be extreamly timerous, What fatal Councils, under the fear of the Whip, may he be prevail'd upon to suggest and give? Hence it is evident what Disadvantages those of that Nation lie under, of having both their Persons and Actions mispresented, and their Rights and Liberties undermined and invaded; and that as well by reason of the King's residing constantly at so great a distance from them, as because of his having no more Counsellors usually about him, in reference to their Affairs, than who ( as a French King was pleased to express it ) may all ride upon one Horse.

Now as it was the Oppression and Slavery under which we had been brought, that rendred His Majesties Undertaking in coming into these Kingdoms with an armed Force, in order to redeem them, both honourable and just: So it was the hope of being delivered by him from Misery and Bondage, that encouraged us first to invite, and then to co-operate with him in the Prosecution and Accomplishment of his glorious Design. It was the Invasions upon our Laws that we complained of, and from [Page 10] which we desired and endeavoured to be relieved; nor had we any Quarrel with the Late King's Counsellors, save as they were Advisers unto, and Instruments of overthrowing them. So that if what the Parliament of Scotland desires to have redressed, be not something wherein their Laws have been invaded, and their Rights violated, they are to blame for insisting upon it as a Claim of Right; and should rather crave it as an Act of Grace, if they find the want of it prejudicial to the Nation. But if what is required do either appear to have been wrested from the Nation, or that through their not obtaining it, they will be upon all occasions obnoxious to be oppressed and inthralled, we may then assure our selves, that His Majesty is too just, as well as good, to deny them. For as His Majesty doth generously acknowledg in his Declaration emitted at the Hague, for the restoring of the Laws and Liberties of the Kingdom of Scotland, ‘"That they who are concerned in the Laws, Liberties and Customs established by Lawful Authority in a Nation, are indispensibly bound to endeavour to preserve and maintain the said Laws, Liberties and Customs;’ so he doth in the same Declaration, sacredly promise, ‘that upon being prosper'd in what he was then undertaking, he will not only free that Kingdom from all hazard of Popery and Arbitrary Power for the future, and deliver it from what at that time did expose it to both, but settle it by Parliament upon such a solid Basis, as to its Religious and Civil Concerns, as should most effectually redress all the Grievances under which it had groaned."’ And therefore as we are not to imagine, that a Parliament, which in the whole course of its Proceedings hath testified so much Love, Loyalty and Zeal for His Majesty, both in advancing Him unto, and maintaining Him in the Throne, will abridg and lessen any of the just and legal Prerogatives of His Crown; or challenge any Priviledg, Right or Immunity, which their Ancestors have not been possessed of under the best and most Glorious as well as Ancient Reigns; so it were unpardonable to think, that a Prince of so much Wisdom, Goodness, Honour, Justice and Truth, as His Majesty is known to be, should either insist upon the detaining from His People, [Page 11] what some of his Predecessors have by Fraud and Violence ravished from them; or should so far depart from His Princely and Sacred Word; as to frustrate the Expectations of His Leiges of having those Grievances redressed, which His Parliament have condescended upon as necessary to be remedied.

But as His Majesties delaying to gratify the desires of His People, is not the effect of Choice and Inclination, but the result of a Force put upon him through the sinistrous Representation given him of their Demands, both as illegal, and as incroachments upon the Royal Authority: So we do not wonder that the same Person should misreport the Actions of a Parliament, and insinuate into his Master unjust and false glosses of their Votes, who hath had both the Impudence and Treachery to endeavour to Possess the King with Disloyal Characters of his most dutiful, best and useful Subjects. And seeing his Capacity both as a Lawyer, and His Majesties Advocate, hath not served to instruct him of the danger, nor to restrain him from Leasing-making ( which is Treason by the Law of Scotland ) it is to be hop'd that the Persons whom he hath criminally slandered, will have the courage to Impeach him; and that the Parliament will have the Justice to condemn him to the Punishment that the Law adjudgeth him unto. Nor can it be matter of Astonishment to any, to find a Person imposing upon His Majesty in reference to the Laws, Rights, and Customs of His Country, who has had the Impudence as well as Malice, to brand those for Republicans, by whose Power, Zeal, and Interest, the Crown came to be conferr'd upon the present King. But they must be Persons of a very short Prospect, who do not perceive, that they who are endeavouring to restore King James, account it expedient to blast those in his present Majesties Esteem, under the reproachful name of Republicans, who have the Loyality and Courage to venture their whole for his Crown and Dignity, and to withstand those ill Men in what they are about. And I will venture to say it freely, that as it is not Names, but Things which wise Men seek and pursue: So there is no more required to the freeing both Scotland and Eng [Page 12] land from the Common-wealths Men, and from all Republican Principles, but that His Majesty persevere in preserving unto his People their Rights and Liberties; Esteem Parliaments as well his great Council in Arduous Affairs, as the Suppliers of him in his Necessities with Mony; and that he make the known Laws the Measure and Standard of his Government. While on the contrary it is in the Power of ill Ministers ( if his Majesty hearken unto them ) to withdraw nine parts of ten of the People in six Months from their Love of Monarchy, and to force them upon wishing for a Common-Wealth. And had it not been for the view which the Nations under the last Reign had of their Royal Highnesses the Prince and Princesse of Orange, and the assurance they entertained of enjoying their Laws and Priviledges, under their Government and Authority, the Methods which the late King took, and the Councels he followed, would instead of the Translation of the Crown to Their present Majesties, have put an end to the Monarchy. Nor can any thing so affright considering Persons from addictedness to Monarchy, as the leaving the Nations under the Power, Conduct and Authority, of those very Men, by whose Councels and Management the late King came to forefault His Crown; seeing some will be so peremptory as to imagine, that it cannot be upon personal liking that they come to be used, but because the nature of the Government requires them, or at least Persons of their Principle, and Political Complexions.

But forasmuch as the present Embarrass of His Majesty with his Parliament of Scotland is wholly caused by the Advocate's abusing His Majesty in the Account he hath given him, both of the Rights and Jurisdictions of the Estates in Parliament Assembled, and of the Laws and Customs of the Kingdom; I shall therefore in Order to the disparaging of him, with all the Wise and Loyal part of Mankind, and the debarring him the King's Ear, and attracting upon him the Royal Indignation; Publish the Principle upon which he builds all the Advices he communicateth to his Master, and with which he seeks to poyson and corrupt His Royal Mind. And this is, That the King hath a separate Interest from his People, which he ought [Page 13] to pursue in distinction from theirs: And this we may be sure he doth not fail of insinuating, either immediately unto his Majesty, or at least to those about him; seeing he had the Folly, as well as the Impudence, both to assert and to seek to justify it in open and full Parliament. Now whosoever gives himself the trouble of examining the tendency of this Principle, will find the natural Consequences of it to be, That the Prince and People must not only Live in a constant jealousy and dread of one another; but must always be imbark'd in an intestine War. Nor is it to be avoided, unless either by the King's arriving at the height of Tyranny, and the Peoples sinking into the Abyss of Slavery, or by the Subjects grasping the whole Power and Authority, and leaving unto the King an empty Name. Yea, it is a destroying of the very end for which Government was ordained of God, and submitted unto by Men; seeing that was nothing else, but that the whole Society, comprehending Ruler and Ruled, might have but one Common Political Interest; for the Defence and Security whereof each of them were to have their respective Duties allotted unto them: ‘"Nay, the very Prerogative acknowledged to belong unto the King, is nothing save a Power trusted with him, in Relation to some Cases that may emerge, by which he may be the better enabled to preserve the safety of the Community, and to provide for the benefit of the Publick.’ Nor could Sir J Dle take a more effectual Course to supplant the King in the Hearts of his People, and to possess them with a Horror of, and an Alienation from his Government, than by his Proclaiming within the Parliament Walls, That the King hath a separate Interest from that of his People, and by Consequence that he is to promote and maintain it, with the Neglect if not the Ruine of theirs; neither is there any thing more propable (sic) than that the Advocate vented it in Treachery to his Majesty, whom out of a Love to the late King, and a Desire to have him restored, he seeks to undermine and betray. For he hath hereby so alarm'd the People in reference to His Majesties Government, and fill'd them with those dismal Apprehensions of what they are to expect, in case the King have a separate Interest from Theirs, that it [Page 14] will be difficult either to allay their Fears, or to recover them to an intire Trust in his Majesties Justice and Goodness, without removing that Man both from about his Majesties Person, and out of his Councils, who hath given them that frightful Idea of his ensuing Reign.

However from this of the Advocate, as well as from innumerable Observations to be made from the present Behaviour and Conduct of those who are received into his Majesties Councils and Service; after they had not only ministered to King James through the whole Course of his Reign, but co-operated with him in most, if not all the Methods of his Tyranny; we may rationally venture at this Reflection, (to wit ) That they are either endeavouring to justify the former Reign, by seeking to expose and disgrace this, Or that they are studying to cover themselves from what they are obnoxious unto, for their crimes under the last Government, by reacting and repeating the same under the Connivance and Indulgence of the present.

And as by the First, they evidently shake his Majeties Throne; so by the Second, they not only abuse the Mercy of the Government, but despise its Justice: By the Last, they render the Government Vile and Cheap; and by the former they pursue its Subversion: It must with all lay a great Prejudice upon the Opinion of those that disswade his Majesty from gratifying his People in these Demands, about which so much noise has been made here, as well as there, that they were judged necessary for his Interest as well as the Kingdoms Safety, by, in a manner, the Unanimous Vote of the whole Parliament; and of which it may be modestly said, that it is not only one of the wisest, but constituted of the most considerable Persons for Quality, Estate, and Esteem in their Country, that ever Scotland had: For even the Vote about the Lords of the Session, which is most censured and stumbled at, pass'd the whole House without any more dissenting Voices than barely four; and of those Sir J. Dple, who was the leading Man amongst them, sensibly biassed by the Consideration, that, if the Vote obtained, his Father would have been excluded from the Honourable, and to him Beneficial Place of President, to which he is now advanced. It is not more likely that these few should [Page 15] act without regard to the King and Kingdom's Interest, and depart from the Laws, Rights and Customs of the Realm, than that the whole Body of the Parliament should be unacquainted with what the Constitution, as well as the common Safety of Prince and People, authorize them to claim? And that they should exceed the measures of Law, Justice, and Equity, in what they demand? Nor was the Parliament under the Influence of such Motives for encroaching upon the King's Prerogative, as these Gentlemen were for betraying both the Jurisdiction of Parliament, and the Priviledges of the Nation. For having sacrificed all the Laws and Rights of the Kingdom, under the late Reign, to the Lust and Will of one Arbitrary and Despotical Monarch; they could do no less, both by the Rules of Policy and Uniformity, than endeavour to vest his present Majesty in the Robberies of former Princes; there being no such way for Thieves to escape at the Bar, as to prevail with the Judg to receive and harbour their stolen Goods. And for the King to rely upon being informed by Sir J. Dple, what is the Prerogative of the Crown? and what are Rights and Jurisdictions of Parliament? is as if King James's AttorneyGeneral were to be made the oracle of the Court, in reference to what Crimes and Offences Peers and Gentlemen were to be condemned and executed for; and for what Failures and Miscarriages Cities and Corporations were to Forefault their Charters, and to be deprived of their Franchises. Could the Parliament have been guilty of so Impudent, as well as Criminal a Thing, as to incroach upon the just Prerogatives of the Crown, and to rob his Majesty of his legal Rights, it would have been more for their Profit and Interest to have effectuated it in relation to the disposal of Offices of State, and of Military Commands, than to claim meerly a right of interposing; and that only in the Case of a total Vacancy of the Session, about the approving of Persons nominated by His Majesty to judicial Places. For whereas the former would look like the putting themselves into a condition of giving check to their Prince, whenever a Capricio should take them, and they should fancy themselves agrieved; all that can be aimed at, or possibly compassed by the latter, is to have Justice equally administred according to the known Laws, which is no less his Majesties Interest than his Duty, to make wise and careful Provision for. [Page 16] In a word, it would seem to command as well as to bespeak belief that a whole Parliament, who in all other Proceedings, have acted with the highest Prudence, Temperance and Justice; and where there are so many Persons of Vertue, Honour, Probity, and Knowledg of the Laws and Customs of the Nation, should be more regardful of voting justly, and challenging nothing but their legal Rights, than that only four Men should be found insisting upon what is Right; and they, such as most of them, have been Tools and Instruments in the Breaches made upon the Rights and Liberties of the Nation.

And as the whole Blame is to be intirely lodged upon a few Ministers about his Majesty, both as to the delay that hath been given to redress any of the Scots Grievances, and as to the disputing of the Equity and Justice of actually relieving them from some; so besides the Confidence that all Good Men are possessed with, from the Consideration of his Majesty's Wisdom and Goodness, that all will be at last accommodated to the King's Honour, and the Peoples universal Satisfaction; the Concessions his Majesty hath lately granted, with references to the Articles, even against the Opinion of the Ministers, is as an Earnest and Pledg what his People may expect in reference to the rest, if it can be made appear, that what is further insisted upon, and humbly desired of him, is the relieving of his Subjects, and not the robbing of himself; the being kind to his People, and not unjust to the Crown; and the exercising Mercy to all, without being cruel and unrighteous to any. So that we are become obliged, in point of Duty to his Majesty, before whom our Demands and Claims lie, and from the Respect we owe to the English Nation, among whom these Matters are both publickly discoursed, and differently represented and censured: And finally, by the Justice we account due to the Parliament of Scotland, whose Moderation is not only questioned by reason of their Demands, but also their Loyalty: I say, we are become obliged, by all these Motives and Inducements, to enter into a detail of the several Particulars in Controversy, between some of his Majesty's Ministers, and the Parliament of Scotland; and not only to state with what distinctness we are able, the several heads subjected to debate, but to give all that support & enforcement from [Page 17] Reason, Law and Custom, to the Expediency, as well as Equity of them, that we judg to be requisite; and that we can dispatch in the narrow room which we have confined our selves unto.

In pursuance of which undertaking, We will begin with the Vote to which the Royal Assent is not given; that referreth to the disabling and precluding Persons from publick Trusts and Imployments. And this we the rather do, both because we can discharge our Hands the soonest of it, and because it is the most censured by some of the English, from an apprehension that what of this Nature passeth into an Act at Edinburgh, may be drawn into President at Westminster. But that every one may judge of it, and what shall be offered in the Vindication of the Necessity and Justice thereof, I shall present the reader with a Transcript of the Vote: ‘The King and Queens Majesties considering that the Estates of this Kingdom, have by their Vote, declared their Sense and Opinion, That such as have in the former Evil Government been grievous to the Nation, or have shewed Disaffection to the happy Change, by the Blessing of God now brought about, or have been Retarders and Obstructors of the good Designs of the said Estates in their Meeting, are not fit to be imploy'd in the Management of the Affairs of this Kingdom; Do with Advice and Consent of the Estates of Parliament now Assembled, Statute and Ordain, That no Person of whatsoever Rank or Degree, who in the former Evil Government have been grievous to the Nation, by Acting in the Incroachments, mentioned in the Articles of the Claim of Right, which are declared to be contrary to Law, or who have shewed Disaffection to the happy Change, by the Blessing of God now brought about, by acting in Opposition thereunto, since the time that the King and Queen now Reigning were Proclaimed, or who hath been a Retarder or Obstructer of the good Designs of the said Estates; viz. The securing the Protestant Religion, the setling the Crown, the establishing the Rights of the Leiges, and the redressing their Grievances, by Acting contrary to these good Designs, since the time that they [Page 18] became publick by Votes, and Acts of the Meeting, be allowed to possess, or be admitted into any Publick Trust, Place, or Imployment, under Their Majesties in this Kingdom’.

I suppose the Reader by this time surprized at the unreasonableness of the Age we live in, that there should be Men found so void of Sense and Understanding, as to spy out any thing here, that deserves to be clamour'd against, or which is worthy to be complain'd of: Every Line breathes of that Lenity and Moderation, that it favours rather of a defect of Justice, than of any excess of it; and the utmost hereby designed, is only a disabling a few wicked Men from ruining us for the future, and not a punishing of them for what they have done; for as there are none expected as to Life, so the few designed to be debarred from Offices, are described and charactered after such a manner, that the very employing them will Dishonour His Majesty, and Disgrace his Government. There is no abridging His Majesties Mercy, only an endeavour to maintain the Justice of his Undertaking in coming to Deliver us. For having charged the late King's Evil Counsellors, and them only, with the Crimes upon which he grounded both Righteousness and the Necessity of his Expedition: Whosoever is so villanous as to advise him to use them, can design no less than deriving an Aspersion upon his Wisdom, Justice and Sincerity. And if the Nations be not delivered from those against whom he declared, how shall we be able to answer his Enemies, who accuse his coming hither, to have been upon another Motive? For what his Friends affirm to have been bestowed upon him as the Reward only of his Expedition, and of the Deliverance he wrought out for us; his Adversaries will be encouraged both to believe and say, was the Principal, if not sole end of it: Nor is it meerly needful in order to the Vindication of His Majesties glorious Undertaking in coming into Brittain, That they who were the Instruments of our Slavery and Oppression under the former Government, should be precluded from all share of [Page 19] the Administration under this; but it is also necessary for the reconciling the Love and Obedience of the People to His Majesties Person and Authority. Courtiers may fancy, that if one be able, he is qualified, without other Ingredients, to be a Minister of State: But the most part of Mankind do always look for some degrees of Honesty in those advanced into the chief Offices in the Government. Nor will People easily believe, that they who betrayed their Laws, Rights and Priviledges, under one Reign, will ever Administer Justice equally, or defend them in their Properties under another. Men may have present ease, but they will be always in fear whilst they remain in the hands of their old Oppressors. It is impossible to keep up in the minds of the Vulgar, honourable Thoughts of King William's Government, if he will chuse to work with King James's Tools. Whosoever Counsels His Majesty to employ those that were the Instruments of the former Tyranny, must intend to bring him under a Suspicion, both of approving that, and of designing the like. No man envieth his Majesties pardoning the worst of his and the Kingdoms Enemies; but we cannot avoid pitying him, and bewailing our selves, that he is persuaded to use them; yea the Royal forgiveness ought to confine it self to limits; and much more should a Prince set Bounds to himself in the Honours and Preferments which he is pleased to bestow. Now having mentioned his Majesties Grace, I'll venture to say, That after all the Mercy he hath exercised towards his own and his Peoples Enemies, there is not one either Converted to his Interest by it, or that reckons himself oblidged to him for it. But instead of attributing their impunity to His Majesties Grace, they ascribe it to the Pusillanimity of the Government; and in the room of being brought over to serve him, they are emboldened to go on in their Conspiracies against His Person and Dignity. Nor will they ever account themselves indebted to his Mercy, till he hath made some of them the Objects of his Justice. But to return to what I am upon; should not an easy Animad [Page 20] version be inflicted upon those who have oppressed us, as the being shut out from Trusts and Imploys in the Government, We should both tempt them and others to repeat the same Crimes upon the first opportunity that is offer'd unto them. Yea, if instead of falling under such a gentle Mortification, they should be preferred to the chief places of Honour and Profit in the Kingdom, Villainy will be committed in order to Merit; and Men of brutal and Profligate Principles, will seek to exceed in Unjustice and Treachery, that they may be thought to excel in Desert. And though through the Moderation, Goodness, Wisdom and Justice of Their Majesties, we may escape the Consequences of such a Method during Their Reign, (which I pray God may be long) yet Posterity will lose most of the benefit of this Revolution, for want of adjudging those to punishment, that have been Traytors of Societies, and Cannibals to Mankind in this Age, whereby to deter others from being such in the next. The Counsel given to Princes by the Supream Sovereign by whom they Reign, is, That they should punish exorbitant Offenders, to instruct others to fear and forbear doing wickedly: But the Advice thrust upon His Majesty by some ill Men about him, is, That he should cherish and advance them without regard to the effects that may attend it. What a strange Idea will it give the World of our Government, if the rewards of Vertue be made the recompences of Crimes? And how shall we lift up our Faces to God or Men, if the Malefactors under the last Reign, not only escape under this without Chastisements, but inherit the Preferments and Emoluments of it. If what I have said be not sufficient to justifie both the expediency and equity of the forementioned Vote, I hope the Experience the King hath had of that sort of People, since he received them into his particular Favour, and Principal Service, will reconcile him unto a better Opinion of it, and shew him the necessity to turning those out of Office whom his Parliament would have prevented his taking in. Both the Nations are sen [Page 21] sible of his Majesties being betray'd, both in his Councils, and in his Affairs; and it is very easy to guess by whom it is done. For none so likely to undermine his Throne, as they who endeavoured to hinder and obstruct his Ascending to it: Nor can any Man be Traytors to this King, but they who were the Instruments of the last King's Tyranny. The Cobler's Auls and Ends are unsuitable Furniture in the Painter's Shop. Neither will they ever serve this King with faithfulness in his vindicating the Kingdoms into Liberty, who were the Sworn Vassals to his Predecessors Despotical Will, and his Tools for oppressing and enslaving the Nations. Besides the damage they have brought upon the Nations, and the Treasure they have unprofitably wasted, They have been the Occasion of losing His Majesty more Honour in one Year, than all his Foreign Campaigns ever did since he first Commanded Armies, and presided in Councils; and should he be prevailed upon by the Adulation and Artifice of any about him to trust the Conduct and Management of his Affairs in the same Hands for one other Year, it may be easily foretold, without Consulting the Stars, that we shall not be in a Condition on the third to save either him or our selves. And as we have no distinct Interest from His Majesties, so all we desire is, That he would vigorously Espouse and Assert his own, upon which we shall both believe and Proclaim our selves happy. For the Vipers durst not hiss but for the warmth they receive through being lodg'd in his Bosom. But to conclude this head; I am extreamly mistaken, if they who have occasioned and promoted the Quarrelling at the forementioned Vote, do not find that they have consulted worse for themselves, than was designed or intended by those who they account for their Enemies For this Parliament will undoubtedly at their next Assembling, be so far from departing from what they have Voted, that instead of acquiescing there, and being contended with the having the betrayers of their Laws, the Oppressors and Murderers of the Leiges, and the Obstructors of the King and Kingdoms Establishment, [Page 22] only debarr'd and excluded from Places of Preferment, Profit and Trust in the Government; that they will be justly provoked, and see it to be indispensibly necessary to Impeach and Proceed capitally against some of them. Thus, despising as well as refusing of Lenity, will derive from them the severities their Crimes at first deserved, but which that Prudence, Temperate, and Indulgent Senate, was willing to have mitigated by exchange of them into milder. And as we are fully assured, that so wise and good a Prince as His Majesty, can never entertain either mean or distrustful thoughts of a Parliament, that hath given him so many and eminent Testimonies of their Loyalty much less be prevailed upon to Dissolve them, while the Nation is in so Distressed and Unsetled a Condition; an Armed Enemy in its Bowels, and the ferment every where so high, that nothing can allay it, but their being continued, and being allowed to meet at the appointed day to which they are Adjourned; so we are no less assured, that they who are said to be the Zealots in this Parliament, and to have the chief Conduct of, and the prevailing sway in all Business and Affairs that come before it, can neither miss being chosen into, nor have less Interest and Esteem in another. So long as Persons of Fortune, Quality, and Interest, continue to assert the Laws and Rights of their Countrey, and to pursue the joint Interest of the King and Kingdom; the Obloquies cast upon them by such as dread and dislike their Courage and Integrity, will only increase their Reputation, and Oblige all those Senators and Members of Parliament, that are honest, to put the more value upon them. But to Supersede all fear of this Parliament being Dissolved, without both Assembling, and Dispatching business, the King by a Law, to which the Royal Assent was given the last Session, abridged himself of all Power in that Matter. For in the Act that past the first of July, whereby Prelacy and the Superiority of any Office in the Church above Presbyters, is abolished, it is declared, ‘That the King and Queen's Majesties, with the Ad [Page 23] vice and Consent of the Estates of this Parliament, will settle by Law, that Church-Government in the Kingdom, which is most agreeable to the Inclinations of the People’. So that whosoever shall have the Impudence to advise His Majesty to Dissolve this Parliament, before there be by Law some Government erected in the Church, Doth both tempt him to violate his Faith, and to trample upon one Express Statute, to which himself hath given the Royal Assent.

The next contested Vote that we are to Address our selves unto, and whereof we are to demonstrate the Legality, Reasonableness, and Necessity, is that which relates unto the Privilege of the Estates of Parliament, in nominating and appointing Committees, of which I do here subjoin an Authentick Copy. ‘Forasmuch as the meeting of the Estates of this Kingdom, did by their Vote of the Eleventh of April last, represent among other Grievances, That the Committee of Parliament called the Articles, is a great Grievance to the Nation, and that there ought to be no Committees of Parliament, but such as are freely Chosen by the Estates, to prepare Motions and Overtures that are first Tabled in the House: Therefore Their Majesties with the Advice and Consent of the Estates of Parliament, do Enact and Declare, That it is the undoubted Privilege of the Three Estates of Parliament, to Nominate and Appoint Committees of Parliament of what Number of Members they please, being equal of every Estate, and Chosen by the respective Estates; viz. the Noblemen by the Estate of the Noblemen, the Barons by the Estate of the Barons; and the Burroughs by the Estate of the Burroughs, for preparing Motions and Overtures that are first made in the House, or that the House may Treat, Vote, and Conclude upon matters brought in plain Parliament, without remitting them to any Committee, if they think fit: Or that the House may appoint Plurality of Committees for any Motions or Overtures that need to be prepared or digested for them: Declaring hereby, That no Officers of State are to be Members, except they be Chosen. And hereby rescinds the first Act of the Third Session of the first Parliament of King Charles the Second, and all other Laws and [Page 24] Customs, establishing the manner of Election, and Power of any Committees of Parliament, in so far as they are not conform to this Act’. So sensible was the Meeting of the Estates, that the Committee of Articles was according to late Custom, Regulation, and Practice, an intolerable Grievance to the Kingdom, and a high Incroachment upon the Liberty and Jurisdiction of Parliament, that before the disposal of the Crown to Their present Majesties, they made their being relieved from it, one of the Stipulations, and an Article of Contract, upon which Their Majesties had the Crown conferred upon them, and upon which the People agreed to yield them Obedience and Subjection. For among several things which they covenanted as well as provided for the redressing of, when in the Name both of themselves, and of the whole People of Scotland, whom they represented, they yielded up, and conveyed over the Crown of that Kingdom to William and Mary: This was the first Grievance that they mentioned, and made it a matter of Bargain and Compact, as well as of Petition and Desire to be eased from it. The words that were proposed and read to Their Majesties in the Banqueting-House, upon that Solemn Occasion of presenting Them with the Instrument of Government, are as followeth. ‘The Estates of the Kingdom of Scotland do represent, That the Committee of Parliament, called the Articles, is a great Grievance to the Nation, and that there ought to be no Committees of Parliament, but such as are freely chosen by the Estates to prepare Motions and Overtures that are first made in the House’. What ill Men must they now be, that durst advise a Prince of that Honour, Veracity, and inviolable Faith, as His Majesty is universally known and acknowledged to be, to delay or clog the satisfying of His People in the foregoing particular. Seeing the meer procrastinating and adjourning the giving them contentment in it, hath a visible and natural tendency, if possible, to the weakning their Faith and Confidence both in his Truth and Goodness. It would appear, that some have a mind to make their Master seem faithless, [Page 25] to justify their being truly such themselves: Or else they have a design to vindicate King James's breach of all Stipulations and Promises, by persuading King William to do the same. Or, which is extreme likely, they would by his present Majesty's departure from that seeming Compact, upon which he received the Crown, reflect folly and injustice upon the Parliaments Deposing the late King, for his violating the Original Contract.

But that we may discourse intelligibly of that Committee called the Articles, it will be needful to give some brief account both of what it originally was, and what by degrees it grew up, or rather degenerated into, till it became at last an insupportable Grievance to the Nation, and rendred Parliaments either wholly useless, or mere Instruments for pursuing and executing the King's Will. Now by what appeareth either from our History, Records or Statute-Books, there was no such thing anciently as a Committee, or Lords of Articles, but every thing was as well originally moved as debated and concluded in full Parliament. For the first mention we meet with in our Records, of Lords of the Articles, is in the Year 1466. Under the Reign of King James the Third: Where we find, that upon the Convention of the Estates of Parliament, they not only chose so many from among themselves, to be Judges in Civil and Criminal Causes, who are styled Domini ad querelas, there being then no Judicial Court, save what the Parliament constituted from time to time out of their own Body: But that they also elected three Persons for the Clergy, three for the Barons, and three for the Burgesses, to consider of, and prepare matters fit and needful for the House to bring into debate, and to come to Votes and Resolutions about. By which it seems that the Committee of the Articles had no auspicious beginning, having its rise under one of the worst of all our Kings, and who came to the most unhappy and unfortunate end: However there appears no such thing here, as that the Officers of State were to be supernumerary to those chosen by the Parliament; or that the King, either [Page 26] by himself, or by one representing him, chose any of them, but it is evident from the Record, that they were wholly and entirely elected by the States themselves in Parliament assembled. And though the being an Officer of State, was never esteemed a ground disabling and incapacitating a Person from being a Member of the Committee of Articles; yet upon a perusal of the Records, I do not find that any Officers of State made a part of the Lords of the Articles, until the year 1567. and their being then of the number was not ratione Officii , but by reason of the Parliament's having elected them into that Station. For whosoever consults the Records of Parliament of the years, 1467. 1475. 1524. 1526. 1528. 1537. 1542. 1543. will find that the Officers of State were so far from being supernumerary in the Committees of the Articles, that they were not so much as elected into that Trust, nor had any room or place allowed them there; though it appears by the Records of all those Parliaments, that there were Members chosen by, and out of the respective Estates, sometimes in larger, and sometimes in lesser numbers to make up and constitute such Committees. Yea, I cannot but add, That our not meeting with any mention of the Lords of Articles of the Parliaments Assembled, and held 1469. 1471. 1474. 1481. 1483. 1488. 1489. 1491. 1493. 1505. 1515. 1522. 1535. 1540. 1546. 1551. is an undoubted Evidence that the having Committees of the Articles was not a thing of indispensable necessity, or to which Parliaments were legally obliged; but that it was a matter of Arbitrary Pleasure, and that they were chosen or omitted, as the House thought to be most useful and convenient for the management and dispatch of Affairs. And though it cannot be denied, but that after the year 1567. some of the Officers of State were now and then thought worthy by reason of their moral and intellectual abilities, to be chosen among others for Lords of the Articles, as in the Parliaments held in the years 1581. and 1593. yet it is most evident, that they were not elected into that Committee by virtue and reason of their Offices, much less sat there as su [Page 27] pernumerary to those chose by the Estates; forasmuch as in other Parliaments, particularly in those held in the years 1587. 1529. and 1594. there is no intelligence, report or remembrance of them, in the Registers and Lists of those of whom in forementioned Committees were made up and constituted. And that which puts it beyond all possibility of being controuled (save either by ignorant, or by impudent and self-condemned Men) that no Officers of State had right anciently to be of the Committee of Articles, unless previously chosen by the Estates of Parliament, is the 37. Act of Parl. 11 of James the Sixth: Where Provision being made by Law about the number whereof that Committee should be constituted; It is, without the least mention or suggestion of those Officers of State, enacted and ordained, ‘that the number of the Lords of Articles be equal in each Estate, and that the fewest number or every Estate be Six, and the greatest number Ten’. Yea so far were those, styled Lords of Articles, from having originally the sole power of preparing matters, and of bringing in Motions and Overtures, to be considered and debated in Parliament, exclusive of other Members of the House, who were not of that Committee; that both at first, and for a long tract of time afterwards, they were not so much as a Committee of Articles of, and to that Parliament by which they were chosen, and of which they were Sitting and actual Members; but were only so in reference to the next Parliament that should succeed; against whose meeting they were to prepare such things as they should judge to be most fit and expedient to be then taken into consideration; but still with a right as well as with a liberty reserved to that future Parliament, not only to receive or reject what should be thus maturated and offered unto them; but to admit whatsoever Overtures they pleased, that should be made unto any of the Members of their own House. It was the Ancient Custom and Practice of Scotland, that the Sitting Parliament antecedently to its Dissolution and Separating, elected so many from among themselves, who were in the interval betwixt that and the next Parliament, to make inquiry into [Page 28] the necessities of the Lieges, and into the State of the Kingdom; and accordingly to draw up and prepare such Overtures, as should carry that relief and remedy in them which might give a redress unto Grievances, be a means of preserving the Nation in safety, and of promoting the prosperity of the Subjects. Now from this harmless beginning of the Committee of Articles, it hath, through the Usurpation of our Kings, especially after their Succession to the Crown of England, and the remove of their Royal Abode thither, and through the officiousness of publick Ministers to the Prince, and treachery to their Countrey, grown up at last to that exorbitancy, that it is not only become burthensome, but intolerable. For by reason of the Parliaments coming at last to commit the inspection into all affairs, and preparing all remedies unto Grievances, into a few hands, and those to be unchangeable during a whole Session; Our Late Monarchs obtained such a handle whereby they might incroach upon the Jurisdiction of Parliaments, and the Liberties of the People, that they soon improv'd it to the eluding of all the good that the Kingdom was to expect from Parliaments, and to the making those who were designed to be the means of our safety, become the Instruments of our Ruin. For the accomplishment whereof, and the more effectual rendring the Lords of Articles, Vassals unto the Monarch's Will, and Tools for executing his Pleasure, they first prevailed to have the Officers of State admitted into that Committee as Supernumeraries, and that, without being Nominated and Elected by the Estates in Parliament, they should have a right to sit there Ratione Officii , by vertue of the Imployments they held in the Government. For King James the Sixth, being by the adulation of the English Bishops, brought intirely over to their Interest, as well as to their Opinions, about Church Discipline and Worship, and having a mind in requital to the Church of Scotland, for all the kindness they had expressed to him, both in his Infancy and riper years, to obtrude upon them the English Ceremonies, he did in order to the more easie effectuating [Page 29] of it, flatter, cajole, and bribe, as well as huff, and awe the Parliament Anno 1621. to allow the Officers of State to Sit as Supernumeraries, without being chosen in the Committee of Articles. And thus he forced those Innovations, commonly known by the Name of the Five Articles of Perth, upon the poor Church of Scotland, having by those Supernumerary Officers, not only so moulded the Committee of Articles, as to pass and present them, but thereby laid the Foundation of their being ordained and enacted in the House. And to make the Lords of Articles yet more grievous and intollerable. King Charles the First, (whose invasions upon the Rights and Liberties of his People, proved Fatal both to him and them) overthrew the Ancient-Method of their Elections, and brought the choice of them into such a Channel, as could issue in no less than Tyranny in the Soveraign, and Slavery in the Subjects. For whereas by Law and Custom, the Lords were to choose the Lords, and the Barons to choose the Barons, &c. Charles the First did in his Parliament held Anno 1633. when he was in the heigth of his Greatness, change and innovate this Method, and having divested the whole respective Estates, of choosing severally their respective Commissioners, he assumed a Power to himself, with a right of consigning it over to his Commissioner in Parliament, for chusing Eight Bishops, consigning to the said Eight Bishops, a Power of chusing Eight Noblemen, and restraining to the said Eight Noblemen, together with the aforesaid Eight Bishops a Power of choosing Eight Barons, and Eight Burgesses; and that these in conjunction with the Officers of State as Supernumeraries, should be the whole and sole Lords of Articles, exclusive of all others. Finally, to render that Committee yet more insupportable, the sole Right as well as Liberty of bringing in Motions, of making overtures for redressing Wrongs; and of proposing means and expedients, either for the relief or the safety and benefit of the Subject, is intirely restrained unto, and lodged wholly in this Committee: Neither is it by our late Practice lawful for any Member or Members, that are not of that packt [Page 30] Club and Society, to make the least proposal or motion either for repealing of an ill Law, or for the enacting of a good. So that I would now hope, that the meer representing of this Committee of Articles, as it is now transformed and degenerated from what it formerly was, is enough to justify the Vote of the present Parliament, about the having that grievance redressed, and to vindicate them from the Obloquie they have lain under, for insisting upon having Parliaments loosened from those Fetters. For where is the Liberty of Speech, and Voting, essential to a Legislative Body, if Parliaments must be thus muzled? How is a Kingdom eluded out of all the good that they expect from any Parliament, if their Representatives may neither lay open their Sores, nor offer Plaisters in order to their Cure? How miserably would things have proceeded in the late Meeting of Estates, if nothing was to have been before them, but what a Committee, where Eight Scotch Bishops were to have the Electing of Eight Noblemen, and they together the chusing of the rest, with King James's Officers of State Supernumerary, that should have prepared Overtures for that Great and Illustrious Assembly? I dare say, That the being bound up to such a Method, would have more effectually secured the Throne to King James, than all the Swords of his Partizans. Nor can Parliaments be designed for any thing, under such a Constitution of a constant Committee, with the Officers of State Supernumerary, but to enlarge the Prerogative of the Crown, and to levy Money from the People. But Blessed be God, His Majesty wants not Inclination to deliver his People from this, and from all other Grievances, but only wants Persons about him, to set them in that Light that he may discern them. Therefore we complain not of His Majesty for the delaying of the Satisfaction that his People waited for; but we complain of those ill Men, who told him, That to part with the Lords of the Articles, was to throw away the brightest Jewel of his Crown. Whereas it appears from what hath been said, that there is nothing desired, whereby His Majesty's Le [Page 31] gal Prerogative can be diminished and lessened, but that all which is humbly craved, is the redeeming his Parliament and People from an ignominious and burthensom Yoke; and their being reliev'd from the Invasion and Usurpations made upon their Laws and Customs, by the Craft and Violence of some of their Monarchs. Nay, the very contending for the continuing the Officers of State as Supernumerary in their Committees, without the being Elected unto them by the Estates in Parliament, is both an Aspersion upon the Wisdom of the Parliament, as if they knew not how to pay the respect and deference due to those Officers, till compell'd unto it; and a Reflection upon their Loyalty, as if no Persons could be tender or regardful of His Majesties Interest among the Committees of Parliament, unless received into the King's immediate Service, and brought under the Influence of Honours and Emoluments. But whosoever suggests this unto the King, must be one that is accustomed to draw other Mens Pictures by his own Original; and who by acting in all things himself as a Mercenary, strives to represent the rest of Mankind, as equally Base and Villanous. Nor can that Advice insinuated into His Majesty, of having the Officers of State Supernumerary in the Committees of Parliament, be supported by any reason, but what borders upon Treason; which is the King's having and being obliged to pursue a separate interest from that of his People; and as nothing would more Universally lose His Majesty the Hearts of his People, than the being wrought into a belief of it; so whatsoever is likely to tempt them into such a persuasion, is at all times, but especially at this, to be industriously avoided by the King.

The only thing remaining, wherein His Majesty's Parliament of Scotland seems to be misunderstood by him, is their Vote concerning the Nomination of the ordinary Lords of the Session, and the Election of the President. For that which they propose, both as required by, and agreeable unto their Laws, and as necessary in order to the equal Administration of Justice, is, That [Page 32] the ordinary Lords being in a total Vacation nominated by the King, they are to be Tryed, and Admitted or Rejected by Parliament; and that in a particular Vacation, being likewise nominated by the King, they are to be Tryed and Admitted or Rejected by the other Lords of Session; and that in both cases the President be chosen by the Lords of Session themselves. Now this being the great Matter wherein His Parliament is represented unto him, as endeavouring to encroach upon, and subvert His Royal Prerogative; and it being the particular, in reference unto which he hath been prevailed upon to exert an Authority to that height and degree, that there seems no room left for any expedient, but that either the Parliament must depart from their Vote, or that His Majesty would be pleas'd to part with those, who through abusing his Goodness, have misled him into an exercise of Royal Power which the Laws cannot justifie. It will be absolutely needful, that the Reader, in order to his being inabled to form a Right and impartial Judgment of this perplexed and intangled Affair, should be first made acquainted with the Vote it self, as well as afterwards be informed of what is to be said in the Vindication of it. The Words therefore of the Vote are as followeth; ‘The King and Queen's Majesties considering, That by the Laws of the Kingdom, when the place of an Ordinary Lord of the Session doth Vacate, it is to be supplied by the King's Nomination of a fit and qualified Person for the said Office, and presenting him to the rest of the Lords to be tryed, and admitted or rejected by them: And that there is now a total Vacancy of the Lords of the Session, by the happy change through the Blessing of God now brought about, so that there can be no such Tryal by the Lords; and that when such total Vacancies have fallen out, the Lords were either nominated by King and Parliament jointly; or if they were nominated by the King, the nomination was approved, and the Lords so nominated, were admitted by the Parliament; Therefore their Majesties do Declare, That they will nominate fit and qualified Persons to the said Offices, and present them to the Parliament to be tryed and admitted or rejected by them: Likeas Their Majesties with the [Page 33] advice and consent of the Estates in Parliament, Statute and Ordain, that in all time hereafter, when any such total Vacancy shall occur, the nomination of the Lords of the Session shall be by the King or Queen for the time being; and in case of their minority, by their Regent, they nominating fit and qualified Persons to the said Offices, and presenting them to the Parliament to be tryed and admitted or rejected in manner aforesaid. Like as Their Majesties with the advice and consent aforesaid, ratify and approve the 93d Act of the Sixth Parliament of King James the Sixth, anent the admission of Ordinary Lords of Session, and Reformation of certain Abuses therein: And the 132d Act of the Twelfth Parliament of King James the Sixth anent the Jurisdiction, Presentation, Qualities and Age of the Lords of the Session, in the whole Heads, Clauses and Articles thereof, and particularly the Clause contained in the said two Acts, Declaring that in all times thereafter, when any place should be vacant in the Session, that His Majesty should nominate and present thereunto a Man fearing God, of good Literature, Practick Judgment and Understanding in the Laws, of good Fame, having sufficient Living of his own, worth Twenty Chalders of Victual of yearly Rent, and who can make good expedition and dispatch in matters touching the Lieges of his Realm; and likewise that Clause contained in the 93d Act of the Sixth Parliament of King James the Sixth, Declaring that the President of the College of Justice shall be elected by the whole Senate thereof, being a Man of the Conditions and Qualities above-written, for chusing and electing of whom the King's Majesty and Estates dispence with that first part of the Institution of the College of Justice anent the Election of the President, Declaring that in case of the absence of the Chancellor and President for the time, it shall be lawful for the Lords to chuse and elect any one of their own number, whom they think qualified and worthiest, who shall be called Vice-President for using of the said Office, ay and while the Return of the said Chancellor and President. Like as Their Majesties, with advice and consent aforesaid, Statute and Ordain, that the whole Qualifications abovementioned, be duly observed in the admission of the Lords of the Session, in all time coming, and that as well in the case of a total, as of a single Vacancy’. This being the Vote so declaimed against, and in contempt whereof, and in opposi [Page 34] tion whereunto, some Persons having surreptiously and fraudulently obtained Warrant, Countenance and Authority from the King, are so vent'rous as to dare to act: We shall, both with all the Loyalty and Modesty that becomes a Subject, and an honest Man, and yet with that freedom and plainness, which one who hath no other design, save to serve God, his King, and his Country, with uprightness and integrity should value himself upon, endeavour to vindicate the Wisdom, as well as the Justice of the Parliament in the forementioned Vote. In the performing whereof, with all that exactness which brevity will allow, I shall begin with an account of the first Administration of Civil Justice in the Kingdom of Scotland that we meet with in our Records. For the College of Justice consisting of those called the Lords of the Session, not having been institute till the Reign of King James the Fifth, Anno 1537. The Administration of Justice was before that time, not only ambulatory and itinerant, but was discharged and executed by such Members of Parliament as the Estates of the Kingdom, in their several Sessions elected from among themselves, and authorized thereunto. Nor had they only their whole Authority from the Estates in Parliament, but to speak properly, they were Committees of Parliament Authorized to such a Work and Office, and accountable to Parliaments for the discharge of the Trusts committed unto them; for the Domini electi ad causas , whom we so often meet with in the Records of Parliament, particularly in those of the Years 1524. 1526. 1528. were such Members at every respective Parliament elected from within their own Walls, for the Administration of Justice between the King and his Lieges, and between one Subject and another. From whence it appears, that it not only appertained unto the Parliament to see that Justice was duly administred, but that the Right was originally in them of nominating and ordaining the Administrators of it. Which makes it very improbable, that after their having been possessed of such a Right, Authority and Jurisdiction for so long time, they should so wholly part from, and intirely surrender it as upon no Occasion or Emergency whatsoever to leave unto themselves a share, or reserve a concern in it. Let us add to this, That when [Page 35] the College of Justice came to be instituted, Anno 1537 Parl. 5 King James the 5th Act 36 though it was Established and Ordained by the Legislative Authority of the King and Estates joyntly, and not by an exertion of meer Royal Prerogative, yet the Estates in Parliament then Assembled, both took upon them and were allowed the Nomination and Choice of the President, as well as of all that were then called forth and advanced to be Lords of the Session, or College of Justice, as appears by the 39. and 41. Acts of the aforementioned Parliament. Yea it is further evident from the Records of Parliament, that the Estates of the Kingdom did often in succeeding Parliaments Nominate, Choose and Impower, those very Lords that were actually of the Session, to continue in the Administration of Justice, which sheweth beyond all rational contradiction, that they could much less enter upon the Office at first, without their being Chosen and Approved by the Estates in Parliament. Thus Anno 1542. being the first of Mary, we find the President with the rest of the Lords of Session Chosen and Impowered a new, as Auditores ad causas , for the hearing and deciding Civil and Criminal Causes. And again we find the Parliament of the Second of Mary, Anno 1543. not only ratifying by the Legislative Authority of the Queen and Estates, the Institution of the College of Justice, but we find the Estates alone nominating and choosing ad causas , the President cum cæteris Dominis Sessionis & Collegii Justitiæ . But forasmuch as there was a change given afterwards by Laws to this Course and Method, and a new Regulation ordained by subsequent Statutes of the College of Justice, wherein both the qualifications of those that are to be Chosen Lords of the Session, and the manner of their Approbation are required and appointed: We are therefore obliged in the next place to look into those Laws, and to examine whether they detract from the Prudence, and weaken the Justice of the Parliament, in their fore-mentioned Vote; or whether they not only Countenance and Support, but Justifie and Vindicate them. And We'll begin with the 93 Act 6 Parliament James 6. where it being acknowledged, That the Nomina [Page 36] tion of the Lords of the Session belongeth unto the King, and that he ought to name such as have the Qualifications there required, which are already specified in the aforesaid Vote; It is further added, ‘That in all time coming, when an ordinary Place becomes vacant in the Session, the Person nominated thereunto by the King, shall be sufficiently tryed and examined, by a sufficient number of the Ordinary Lords of the College of Justice, for whom it shall be Lawful to refuse the Person presented unto them, and that the King in that Case shall present another, and that so often until the Person presented be found qualified’. But seeing this Act may be said to have passed in the minority of King James, and the force of it be thereupon endeavoured to be eluded, We will therefore consult Act 134. Parl. 12. James 6. wherein, besides a Repetition and a Confirmation of all that is mentioned and ordained in the former Act, there is further added, ‘That none shall be received to any Place of Senator in the College of Justice, unless he be sufficiently tryed by the whole College of Justice’. Now as those are the Laws relating unto and regulating the Nomination, Examination and Approbation of the Ordinary Lords of the College of Justice, the Practice hath been in all Times conformable thereunto. So that the First Parliament of King Charles the Second, which through the prevailing of the like Folly and Madness in Scotland, which then reigned in England, rob'd the Kingdom of many of the Rights and Privileges, to increase and inlarge the Prerogative of the Crown; yet they were so tender of making any Innovations in this particular, that by their Second Act of that Parliament they Ordain, ‘The Nomination of the Lords of Session to remain as in former Times, preceding the Year 1637. ’ And accordingly we find, as there have been several, who upon single Vacancies in Former Reigns had been rejected by the Lords of the College of Justice, though nominated by our Kings: So there was one Sir William Ballanden, whom Charles the Second had nominated and recommended, who upon examination by the rest of the Lords was refused and rejected, as a Person not Qualified according to the Statutes of the Realm. Is it not therefore unreasonable to be [Page 37] imagined, That the King, who upon a single Vacancy cannot constitute one Judg, till he be examined and approved, should nevertheless be esteemed impowered to confixe the whole Bench of the College of Justice, without a previous Examination and Approbation? How improvident were our Parliaments, and how weak and ridiculous were our Laws, if all that is provided for, be only the restraining the King from making one Judg that is unqualified; and at the same time allow him a Power and Authority of making Fifteen that are unqualified, for such they are to be esteemed, till they have been tried and approved? There can be nothing more unquestionable, than that they who are nominated by the King to be Judges, [...], according to the Laws of Scotland, to be tried and approved before they be accounted or authorized to sit and judg, and therefore, there being upon a total Vacancy, no Lords of the College of Justice to try, examine and approve those whom the King hath nominated and recommended, it would seem to be uncontroulable by all Persons pretending to reason, and acquainted with our Laws and Customs, about the Right of examining, and of admitting or rejecting them, comes to be devolved upon the Parliament; which is the whole that is desired in the forementioned Vote. Nor is there any mean, but that they either must ascend the Bench without undergoing a Tryal, or receiving an Approbation, which is openly to Affront the Laws; or else the Power and Right of approving, and of accepting, or rejecting, must be acknowledged to reside in the Estates of Parliament. Nor was this ever denied them in the Case of total Vacancy under the worst of the foregoing Reigns. Which makes it the more doleful as well as Amazing, that through the Subornation and Crafty, but false insinuations of Evil Men, there could be an endeavour of wresting it from under the Reign of so Gracious and Temperate a Prince, whom they with so much Affection and Zeal called and invited to the Throne; not only in gratitude for his having delivered them from Popery, but out of a hope and prospect of his relieving them from all their other Grievances. It hath been already [Page 38] proved beyond the possibility of a Reply, That the full Constitution of the College of Justice, and the Nomination and the Approbation of those that were then advanced to be Lords of Session, was by the Estates Assembled in Parliament. And I do now further affirm, That in the two total Vacancies, which are all that have since occurred, besides all that hath now fallen out upon the late happy Revolution, the Estates in Parliament were indisputably allowed the Right of admitting, or rejecting those of whom the College of Justice was to be freshly Constituted; for upon the total Vacancy in the year 1641, which was the first that had been from the Institution of the Lords of the Session, the Parliament not only Challenged the Approving, but they took upon them the joynt Nomination with the King, of all the Persons that were to be admitted into, and created Members of the College of Justice, by this Example and President, I will not insist upon, seeing there was something unjust and illegal in it, as well as something just and legal. For not being satisfied with the Right of admitting, to which Law and Reason gave them an unquestionable Title, they usurped upon the Crown, and took upon them the Power of nominating, which had been granted by former Laws unto the King. Let us therefore see what was done upon that other total Vacancy, which occurred at the Restauration of Charles II. when nothing would have been departed from by the King, that he could have withheld without the highest Injustice, nor any thing either claimed or accepted by the Parliament that they could have sacrificed or surrendred without becoming obnoxious to eminent dangers; and yet even then the King having nominated those whom he designed for the Lords of Session, the Approbation of them was submitted unto the Parliament; and the Estates having in full Parliament consider'd them, they admired and received them. It is true that the Parliament did not bring them single before them, and there Try and Examine them, not because they might not have done it, but because there was no need of it, being all of [Page 39] them of that Eminency, as to be Universally and Notoriously known to have all the Qualifications required by the Statute. Yea though that Parliament was abundantly officious towards the Crown, and Loyal to that excess to the King, as to be Disloyal to their Countrey, and unfaithful to their Constituents; Yet in the Second Act of their first Session, by which they restore to the King what had been wrested from him in the Parliament 1641, they allow him no more in reference to the Lords of the College of Justice, but the Right of nomination as the Crown had enjoyed it, preceeding the Year 1637. But I hear there are some, who finding his Majesty unalterably resolved not to depart from the known and just Laws of the Land in the Governing of his People, have therefore, to elude the force of what hath been here Represented, and to divert his Majesty from hearkning to the humble desires of his Parliament in this matter, been guilty of the Treachery as well as the Impudence to suggest unto His Majesty, That there is not now a total Vacancy, there being of the fifteen nominate by His Majesty for Lords of the Session, three that were antecedently such; and that it belongeth unto them Three to try and approve the others; and that what the Parliament pretends unto, being only in the Case of a total Vacancy, is here wholly Superceded; and that for any to insist upon it, is an incroachment upon the Prerogative of the King, and a robbing of the Lords of Session, of a Privilege vested in them by Law. Now tho all that is here insinuated, be rather the Offering an Affront to our Understandings, than the Accosting us with a reasonable Objection; yet we will so far condescend to the weakness of those that are ignorant of the Laws and Customs of Scotland, as to return such a Reply unto it, which may not only convince all Mankind of the impertinency of it, but expose those that are the Authors of it, to be either loathed as ill men, or ridiculed as silly. For First, Supposing that S, N, and M, who are all that can be referred unto in the pretended Objection, did still remain Lords of the College of Justice, by Reason of their having formerly been so: Yet they are too few to constitute a Session, which they ought to be, before they [Page 40] take upon them to Try and Approve such as are recommended unto them by the Kings nomination. The Quorum of which a Session ought to consist, before it can Exercise any Legal Authority, should be Nine, which I think no Arithmetick will make Three to be. Nor will my Lord S and his Son Sir J. D, find that Success in their Attempts against the first and self-evident Principles of natural Sciences, and of the Mathematicks, that they have had in Undermining and Subverting the Laws of their Countrey. Secondly, for any Person named by the King in order to the being received as a Lord of the Session to be examined and approved by Three, tho granted to be Actual and Sitting Lords of the College of Justice, is expresly repugnant to an Act of the Session it self, confirmed by the King's Letter An 1674. It being provided by that Act, That when any new Lords of Session shall be presented by His Majesty for Tryal of their Qualifications, that they shall be present one day in the Outer-House, where they are to inspect a Process that shall be carried to interloquitor , and from thence make Report of all the Points therein contained, to the whole Lords of Session; and then for compleating their Tryal, shall sit another day in the Inner-House; and the after the bringing the dispute of some point of Law to a Period, shall give their Opinion about it in presence of all those Lords of which that House doth then consist. Now as this Order and Rule is appointed to be observed constantly in all time coming, about the Tryal of Lords nominate by the King, and to be admitted, and hath been accordingly observed and practised ever since, till the present Vacancy; so it is evident to all who have not renounced common sense, that the Regulation, Order and Method of Tryal, prescribed by the foregoing Act, is altogether impracticable, where the Lords that are to be the Tryers, and Examinants, are to be three. But then thirdly, It is the most absurd thing imaginable to fancy, That because Three of the Lords now nominated by the King, were heretofore Lords of Session, that therefore there hath not been a total Vacancy upon this late and happy Revolution. I am sure that in the parallel Case, Anno 1661. the Parliament in the Preface unto the Statute, by which [Page 31[41]] they admitted those to be Lords of the Session whom the King had then named, they call it a new and intire nomination, which they neither could nor would have done, if they had not judged the Vacancy to be total, and yet three of the Lords then nominated by Charles the Second, viz. H, C and L had been Lords of Session, and had sate in the College of Justice before that nomination. Fourthly, if S N and M's having been once Lords of Session be enough to hinder the late Vacation of the Session from being total; then I challenge all the World to tell me what can either make a single, or a total Vacancy; yea, if those Gentlemens Places were not voided after what had befallen them, and the