LAW, and STATE PROPOSALS Humbly Presented TO THE Supream Authority, THE Parliament of England.
By William Ball, Esq;
LONDON, Printed for the Author, and are to be sold at the Key in St. Pau's Church-Yard, 1659.
PROPOSALS, &c,
THe Parliament of England is Intrusted by the People for their Lives, Liberties, and Estates; not with Regular preservation is the true Final Cause of all Intrusted Authority, how Supream soever. them: that is to say, for a Regular Preservation of them according to Justice, not with an absolute Arbitrary Disposition of them at their Wills and Pleasures, (as some State-Haereticks have asserted): so that the Parliament of England is obliged, according to their Trust, to propagate, for the good of the People, Laws▪ Consonant and Consistent with Reason and Justice; And it is the hope of all the peaceable People of this Commonwealth, that they will accomplish the same. In Order whereunto, I have humbly tendred these Sequells.
I. That Jurors (between Parties) be impannelled of able and sufficiently knowing Men, of good Name and Fame for their upright Dealing; and not of Mean and Ignorant Persons, to the great wrongs and aggrievances of many.
II. That all Judges whatsoever, who shall directly, or indirectly▪ take or receive, any Bribe, or Gift, from any who have any Suit Depending before Them, shall suffer Death without mercy.
III. That, all Forgers and Falsifiers of Deeds, Wills, Bonds; &c. Also, Falsifiers and Embezellers of Examinations taken upon Oath in Chancery, suffer Death without mercy; And that all Suborners and Accessaries be branded in either Cheek with an F. forasmuch as Forgery is a most secret and pernicious Theft.
IV. That Perjury, whereby any one is deprived, or in danger to be deprived of, His, Her, or their Lives, Estates, or [Page 4] Rights; be punished with Death without mercy; And that all Suborners be branded in either Cheek with a P. forasmuch as Perjury may Violate three Divine Commandements, and is most Pernicious and Dangerous in a Commonwealth.
V. That Perjurors, upon answer in Chancery to a Bill of Complaint, or otherwise to a Petition of Right, be branded in either Cheek with a P. and they lyable (if able) to pay double Damages to the Party, or Parties wronged; or to suffer farther Corporal punishment: that so the Rights of others may not be concealed, nor they wronged, or vexatiously troubled therein.
VI. That all Embezellers of true Wills and Testaments suffer Death without mercy; And all concealers of such Wills and Testaments be branded in either Cheek with a W. forasmuch as the Practises and Compliances thereof are high Theft.
VII. That no Will or Testament, for giving, or settling of any Lands (unless where custome prevaileth) be deemed valid, unless such Will be Signed, Sealed, and Published in the presence of four sufficient Witnesses: that so Heirs at Law be not Dis-inherited (contrary to the Law of GOD; Numb. 27. and Common Law of this Land) by Forged, or Fraudulent Wills; unduly obtained in the time of agony, by Force, Fear, of Flattery; and that all Wills so obtained be deemed Null.
VIII. That such as shall be found guilty of Fraud, shall pay treble D [...]mages, or suffer severe Corporal punishment: Also, that all who shall obtain, or get into other mens Rights, or Estates by fraudulent Practises and Devises, and shall afterwards enjoy or possess the same by Collateral con [...]eyances or assurances;Also Lea [...]es for Life or Lives, and Mo [...]gages to be inrolled before the Custos Rotulorum in the several Counti [...]. shall, upon complaint and proof of such former fraud, within the space of [...] years be outed of such Estates, and the Collateral conveyances and assurances made Null; unlesse such Collateral conveyances mention some valuable considerarion: that so, mean and necessitous Persons may not be unduly deprived or wronged in their Rights.
IX. That all Feo [...]fments, Deeds of gift, Uses, and Rent-Charges, &c. be inrolled in Chancery, or in the County where the Lands lye, before the Custos Rotulorum, &c. within three months after their Dates, upon pain of being Null▪ and in [Page 5] case the Party, or Parties, who should acknowledge such Deed, or Deeds, happen to dye before three months; that then the Oaths of three sufficient Witnesses of honest Repute, deposing the sealing and delivery of such Deeds within three months after the Death of such Party, or Parties, who should acknowledge the same, shall be sufficient for Caption; they being summoned thereunto by Subpaena, or by other warrant from the Custos Rotulorum: by which means, forged, srandudulent, and suspicious Deeds may be avoyded; and the passing of such Estates, known and manifested.
X. That all Lands, Rent-Charges, &c. above per annum, exposed to Sale, be published three Market-dayes by Bills setting truly forth such Right as the Vendors have, and such Incumbrances as are thereon (if any be), upon pain of forfeiting the valews of one half of them to the Commonwealth, or to suffer imprisonment, or Corporal punishment accordingly: And that such Bills be read by some in the Market-place (at the time of Market) next adjoyning to the said Lands, or in the chief Market-place (or so esteemed) in, or within the County, where such Lands lye, or where such Rent-Charges are issuing; and that such Bills, after reading, be set up by the Town-Clerk in such Market-place: And that afterwards the said Bills, or true and exact Copies thereof, be Registred in a Book for that purpose appoynted, and kept by the Custos Rotulorum of the County; the Party, or Parties paying 12 d. for every such Bill: and in London, and other Cities, such Bills to be read, and set up as aforesaid in some Place; and Registred, and kept by some sworne Officer thereunto appointed: By this means Purchasors (if they take any care) will not easily be defrauded.
Concerning Commerce, &c.
1. THat (if it may be) Honourable Peace be procured, concluded▪ and continu [...]d with all our Neighbour-Nations; that so Tra [...]e may b [...] promoted, Manufactures encouraged, the Commonwealth enriched, and the People lesse Taxed.
2. That the servile People of this Commonwealth transported into the Plantations of America, may be more Christian-like, and humanly used, than (as it is credibly reported) they usually are.
3. That Discovery be made (at the Charges of the Commonwealth)The Dutch would not have set footing in the hither parts of nova Guinea, without expectation of considerable profit, &c. of that vast Region, commonly called Terra Australis inc [...]gnita,▪ over against China, Japon, and the Philippina's in the Coasts of nova Guinea, and the South Sea, or mare del Zur; which Regions are commended by Pedro Fernando de Quir; and in which ('tis probable) as Rich and Commodious Plantations may be discovered, as in America; and from which (if Discov [...]red) a valu [...]ble Commerce might be held with China▪ Japon, and the Regions of the South-Sea: however, the Discovery will be honourable.
4. That severe Penalties be imposed on such as sell by false Scales, weights, and measures; which is too usually done, notDivers Persons keep true, and false [...], & measures; and fell by either. onely in Market-Towns, but also in Villages where Shop-Keepers are; and that they be subject to be indicted, &c. for such their defaults; and, upon sufficient proof, subject to such Penalties.
5. That Pewterers be not permitted to allay their Tinn so much as they usually do, but that they be stinted by a set propo [...]tion for Dishes, and such like Utensils; and that prices be set thereon, according to the rate of Tinn, and that by weight.
6. That the abuses of Wine-Coopers, and Vintners, in Sophisticating their Wines be reformed; and that prices be set thereon, according to their Rates at Importation, Customes, &c. considered.
7. That, whereas great wastes of Timber, and Wood, have bin made (especially since the late troubles); some Order be enjoyned for the Replantation of Wood, in Wood-Land Countries, by such, and the Successors of such, who have themselves, or whose Predecessors have, formerly felled them; and this to be done by some Injunction; consideration being had to the quantity of Land, that so the stock of Wood be not utterly decayed, and the Common-wealth thereby Damnified.
8. That (fo [...]asmuch as much Building is composed of Brick) Bricks be larger made, and better burnt than usually; upon some penalty to be imposed: by which means Buildings will be stronger, and endure longer.
Proposall, &c.
FOrasmuch as Protection and Subjection are Relative and Correlative, in regard whereof, not only limited Sir Henry Wotton, in his Supplement to the State of Christendome, Pag. 17. Kings, but also intrusted Potentates, and Powers, do ordinarily take some Oath or Engagement to Govern the People under them according to Law and Justice: I humbly therefore conceive, that it would be a great satisfaction to the People of this Commonwealth, if the members of Or Oligarchical Trustees. Parliament would vouchsafe to take this, or the like, ensuing Oath.
J. A. B. do swear to Protect and Defend according to my best Skill and Ability, the People of this Commonwealth of England, and the Dominions thereunto belonging, in their Just and Legal Rights, and Liberties; and to maintain and procure just Laws and Ordinances; able, and upright Judges, Magistrates, and Officers of Peace and War, in Order thereunto agreeable; and to maintain and procure the general Safety, regular Government, and publick Profit of this Commonwealth. So, &c.