ENGLANDS WANTS: OR SEVERAL PROPOSALS Probably beneficial for ENGLAND, Humbly offered to the Con­sideration of all Good Patriots IN BOTH Houses of Parliament.

By a true lover of his Country.

LONDON, Printed for Jo. Martyn, 1667.

ENGLANDS WANTS: OR, Several Proposals probably beneficial for England, humbly offered to the Consi­deration of all good Patriots in both Houses of Parliament.

ALthough the Kingdom of England doth abound with many blessings, which o­ther Nations want, yet doth it want many which others enjoy.

It is recorded, That an eminent foreign Am­bassador, after a long Residence in England, sayling homeward, did cast his eye back upon this Land, and said in his own language, O Isola felicissima, &c. The happyest Country upon the face of the Earth, did it not want pub­lick Spirits amongst them.

[Page 4] The want of publick Spirits hath occasioned the want of many Publick works of Peity and Charity, works necessary or commodious for the people, or of ornament for the Kingdom.

I. To supply this want, That (by such easie wayes and means as are hereafter mentioned) there may be raised a publick Stock to be put into the hands of Commissioners nominated by both Houses of Parliament, approved by the King, and accountable to them for the same.

II. For raising such publick Stock, it is proposed first, That, according to the practice of neighbour Nations, upon all such Commo­dities as occasion either Excess or Luxury, Wantonness, Idleness, Pride, or Corruption of Manners, there may be laid a large Impost: as upon all Wines, all strong Drinks, To­bacco, Coffee, Chocolatte, Sugars, Spices, Plums, all sorts of Sweet-meats, Oranges, &c. Upon all Silks, Laces, Ribbons, Jewels, Feathers, Perruques, Fringes, &c. Upon all fine Linnens, Camolets; upon Cards, Dice, Tables, Bouls, &c. upon all Coaches, Chariots, Litters, Sedans▪ upon all Pictures, Perfumes, Paints for the Face, &c. Moreover a third part of all the get­tings of Comedians, Ropedancers, Mountebanks, Lotteryes, Shewes, &c.

[Page 5] III. That (according to the practice of the Primitive Christians, whose Devotion was such that they thought no Testament well made, unless some considerable portion was thereby added to Christs Patrimony) that no Testa­ment henceforth should be valid unless a 20th part of the Legacies were given to these after­named publick and pious uses.

IV. That for these uses there may be reser­ved (as was anciently practised in the Roman State) a tenth part of the profit of all Lands given by the Husband to the Wife, or coming from the Wife to the Husband, there being no Issue between them alive.

V. That a 40th part of all things recovered by Law may be (as once among the Romans) assigned for publick usses.

VI. That there be paid out of all marriage Portions Six pence in the Pound, and some­thing proportionably paid at the death and birth of every person not living on Almes.

VII. That every one to be made free of a Trade, or licenced to practice in Law or Phy­sick may pay proportionably to these publick uses.

VIII. That all Contracts in Writing, all De­crees, Judgments, &c. may have a small Seal [Page 6] on the top (as is practised in divers other Coun­treys) for which a smal Tax to be paid, &c.

IX. That in all Churches (as in Holland) at e­very solemn Assembly, the Churchwardens with a long Staff, Bag and Bell during the Sermon, re­ceive the charitable benevolence of the whole Congregation, where every person that desires to honour God (not onely with his Soul and Body, but) with his Substance (as God com­mands, and the primitive Christians punctually observed at their Church-meetings) throwing in but his Mite, it is incredible (by this con­stant course at every Assembly) to what a sum it will amount in one year.

Now the Moneys of this publick stock may be employed in these publick uses following;

X. For building Work-houses in all conveni­ent parts of this Kingdom, for making Rivers navigable, for building or repairing Bridges, Highways, Sea-banks, Havens, Moles, Land­marks, Aquaeducts for setting up poor Youths after an Apprentiship served; for marrying poor Maids, for relief of aged, impotent, decayed People; for maintenance of sick and maimed Souldiers; for redemption and relief of Cap­tives and Slaves in Turky; for building and re­pairing of Churches, whereof there is great [Page 7] want in this Kingdom, more especially in the Suburbs of London, where not a fourth part of the Parishioners can at once enter into their Pa­rish Church, at least not well hear Divine Ser­vice, to the great shame of the Protestant pro­fessors, who since the Reformation have (as our Adversaries observe) erected scarce one con­siderable solid Structure for the worship of God.

For repairing the Mother-Church of the Mother-City of this Kingdom, to the Glory of God and Honor of this Nation; for the speedy promoting whereof, both King and Parliament, City and Country, Clergy and Laity, High and Low stand all engaged to lend their helping hands.

For erecting in London and other great Cities banks or mounts or Piety, (as have been long used in Italy, in Flanders and other Countreys,) whereby the intollerable oppression of publique and private Brokers and Pawn-takes (that grinde the faces of the poor, scruing out of them 40 or 50 per Cent.) may be utterly abolisht.

For erecting Hospitals in London and other Citys (as there is at Paris and Rome) for to receive all little Infants exposed or found; where­by many poor Innocents destroyed in the womb, or at the Birth, might be preserved from [Page 8] Murder, as well as the unnatural Mothers from hanging.

For building of Hospitals to accommodate therein all poor Women (as is done at Paris) neer the time of their Travel, to enter and there to be carefully delivered, and remain af­terwards till they are in a condition to return home and follow their work.

For providing stipends for Physicians, Sur­geons and Apothecaries (as at Rome) to give gratis their Advice, Pains, Medicines and Salves to poor sick or wounded people, allowed in forma pauperis to require their assistance, who otherwise perish for want of timely and due helps.

For erecting Colledges in London (as is done in Holland) where old men deprived of Wife and Children may for a reasonable sum of Mo­ney be neatly accomodated during life, with Diet and Lodging, and pass the rest of their days without care or trouble in a comfortable society with men of like condition and age. And the like for old Women.

For erecting Colledges wherein Virgins and Widows of the Protestant Religion, resolving not to marry (as the Begains in Holland, Bra­bant, Flanders, &c.) may for a certain summe [Page 9] of money deposed, be maintained, and live in a retired vertuous and religious Society; their Teaching and Educating in Vertue and Piety the Female youth of this Nation (whereof there is now more need then ever) and such young Virgin-Scholars may there remain constantly till their marriage day, before which time very ma­ny by too much liberty are now corrupted and debauched: and that the said Virgins and Wi­dows of the Society, may (with the forfeiture of the said Money deposed, and leave of their Visitor) be free to alter their resolutions, and quit the Society.

For erecting in London a Colledge de propa­ganda Fide (as our Adversaries have done at Rome) for propagating the Christian Reformed Religion amongst the Americans bordering on the English Plantations, (where it is shame to this Nation, that so few in the space of so ma­ny years have been converted to Christianity) and for that end to send from time to time per­sons fitly Gifted for a work so transcendently Pious: And because many excelling in the gift of Preaching, being now for their Nonconfor­mity laid aside, do secretly occasion unlawful Conventicles, foment Schisms, and hold up the Faction, and thereby hazard the disturbance [Page 10] of this Church and State, that all they (not dis­senting from the Doctrine of the English Church) may be encouraged by competent allowances out of the said publique Stock, or commanded to Transport themselves thither within the space of one or two years.

For buying in of Impropriations (a work not only worthy of a Parliament, but to the doing whereof, all the Parliaments since 27. H. 8. stand obnoxious (saith the learned Bacon) and bound in conscience to God) whereby the Church might enjoy her own again, the Kings Revenue much encreased by Tenths and First-Fruits, and the Cures of all those great and po­pulous Parishes hitherto starved for want of Spiritual food be duely served, and the foule guilt of that abominable sin of Sacriledge taken off this Nation, and off the Protestant Religion. Provided, that no Impropriator shall take above 10 or 12 years Purchase for any Impropriated Tythes, as the Custom usually hath been.

For making some competent Provision (ac­cording to the practice of other Reformed Churches) for the poor Widows and Orphans of Clergy-men, of whom God took special care in the Jewish Commonwealth, the Sons there being to inherit their Fathers places, and [Page 11] the Daughters to be match'd aswell as their Mothers: or else, as in other Christian Church­es, utterly to forbid Marriage to all that shall be in Orders.

Some other chargeable Proposals probably be­neficial to this Nation, might be hereunto ad­ded by such as have made it their business to observe this and other civil Governments be­yond the Seas; also some other ways and means of raising moneys without grieving the People, which is the quintescence of all State-policy; but let those be reserved for another occasion. Hereafter follow divers unchargeable Proposals that will require no cost or charges, but only the Humble petition of the two Hou­ses of Parliament, and his Majesties Royal Assent.

XI. It is an ancient Maxime: Interest Reip. ut resua quisque bene utatur; It is the Interest of the Common-wealth, that every Subject should make a right use of his own Estate: wherefore amongst the Fundamental Laws of the Romans, those Laws of the twelve Tables, (observed by them almost as Sacredly as the Two Tables or Ten Commandments by the Jews) it is espe­cially provided, That a Guardian should be set over the Person and Estate, not only of Mad­men, [Page 12] but of all prodigal Persons: This Law hath been derived from them to all our neigh­bour-Nations, and enjoyed by them ever since they enjoyed Civility, even to this very day. To England only this Law is wanting, not that England is without such unreasonable Crea­tures; for it hath been observed that the En­glish Nation is naturally as much addicted to prodigality as any Nation in Europe; the sad effects whereof are every day before our eyes; Wives that have brought great Estates, left poor needy Widows; Children of Noble and illustrious Families, brought to a morsel of bread, and to do base ignominious things, un­worthy of their Noble Ancestors, and disho­nourable to the very degrees of Honour which their Fathers purchased by their Merit, and maintained by their laudable Frugality. Where this fore-mentioned Law is in use, the prodigal person is thus defined [Is qui neque modum ne­que finem habet in Expensis]. Any man being proved to be such is declared uncapable of ma­naging his own Estate, or of making a Will, or of entring into Bond, or of being a Wit­ness, &c. And thereupon a Guardian is put over him and his Estate, to allow him necessa­ries out of his own Estate, and to preserve the [Page 13] rest to his next Kindred. Now the King of Eng­land hath his Breve de Inquirendo de Idiota, and his Breve de Inquirendo de Furioso; and can any solid reason be produced why his Majesty should not have also his Breve de Inquirendo de Prodigo directed in like manner to the Escheater of the County to be tryed by a Jury of twelve men? that so a general stop may be put to the wild expences and extravagant pro­fuseness of all English men, and more especial­ly (as in Spain, because the Nobility is esteem­ed the chief and main support of Monarchy) that no Noble man shall have power to waste or alienate so much of his Ancestors Lands as may render him uncapable of serving his Prince and Countrey, or to bear the Port of a Noble man.

XII. There is another Maxime [Interest Reipub. ut suprema hominum Testamenta rata habeantur secundum veram Testatoris Intentionem] It concerns the Common-wealth, that mens last Wills and Testaments should be ratified and executed according to the true meaning of the Testator; For this purpose was made the Statute of Charitable uses 43 of Q El. to provide against the imbezilling and mis-imploy­ment of Moneys and Lands given to Charita­ble [Page 14] Uses, by giving power to the Bishop and his Chancellour, and to some other considerable per­sons, to issue out Commissions for inquiring and ordering the same.

Nevertheless, by the neglect of some, and want of zeal in others, such Commissions are seldome desired, though perhaps not hardly ob­tained.

Wherefore that by another Statute it may be provided, that every Bishop and his Chancellour (together with some other considerable persons, as is intimated in the fore-quoted Statute) with­in one year after each Bishops Instalment, shall upon a high penalty purchase and execute such Commission throughout his Diocess.

XIII. That according to the Institution of King Edward the First, our English Justinian, once every three year Justices de Trail Baston may be commissionated to make Inquisition through the Realm, by the verdict of substantial Juries, upon all Officers, Sheriffs, Mayors, Ju­stices of Peace, Coroners, Escheators, Bay­liffs, Constables, Jaylors, &c. touching their Op­pressions, Extortions, Briberies, Cheatings; touch­ing their Malegovernment and neglect of exe­cuting the good Laws respectively.

[Page 15] XIV. That the Statutes of 12 Rich. 2. and 5 Ed. 6. against the sale of Offices, may be re­vived, that so Vertue and Wisdom, long ex­perience and honesty, faithfulness and loyalty, may no longer be baffled and discouraged, by seeing it self vilified, and money preponderate all worth, and thereby Justice very oft sold, with divers other Inconveniences.

XV. That provision by a Statute be made against that Unchristian, and more then barba­rous custom and priviledg of Wreccum Maris, ne­ver allowed by the Imperial Laws, or any neigh­bour Nation, and once banisht out of England by an Act made 2 R. 1. that in case of Ship­wrack, though all persons perished, yet that all the goods which escaped should be carefully preserved for the owners, or next of kin, if they come within a year and a day; onely allowing something to those that helpt to save the goods, and preserved them afterwards.

XVI. That by a Law the Fees of Lawyers may be regulated according to the moderation of other well policed Countreys, where usually is given but a third or fourth part of what is ex­pected in England. And that if any Lawyer presume to take more then the Fees by Law al­lowed, he may be rendred uncapable to practice [Page 16] any more, and forfeit four-fold of what he hath so taken, as is provided by the Civil Laws.

XVII. That as in the reign of Edward the Second, the number of Attorneys was regulated and 140 declared to be sufficient to serve this whole Kingdom; so now that the number of Lawyers and Attorneys may be regulated, and some things in their Pleadings reformed. What a shame to our Nation is it, that so many evil and rapacious Lawyers should be permitted to plead in behalf of vitious persons, and of mani­fest oppressors, and in causes notoriously unjust; should be permitted to make a trade not to mi­nister Justice, but to heap up riches, and devour all the fat of the Land.

XVIII. That provision may be made to mi­tigate all such Laws which by the change of things and times are now become over severe and rigorous, much beyond the intent of the Law-makers. As that stealing to the value of 12 d. should still be Felony, whereas when that Law was first made, what was then sold for 12 d. (which (when the ounce of Silver was but 20 d.) was as much as 3 s. now) is now sold for above 40 s; for in 51 of K. H. 3. eight Bushels of wheat was then sold but for 12 d; [Page 17] so that the man that stole but seven Bushels committed but petty Larceny, whereas now he that steals but a Peck may be found guilty of Felony (unless the Jury will forswear them­selves, as commonly they do, and bring in Eleven pence stoln when sometimes it is Ele­ven shillings) as if the life of Man in our days were of a smaller and viler price then in those days. So in the time of H. 2. the stealing of Oxen and Horses were counted inter minuta furta, which Lawyers call Parvum Latrocinium, or Petty Larceny. Now why should the body of Man, that Divinae imaginis vehiculum be de­stroyed for trifles? why should Christians now be more cruel then the Jews, or then Christi­ans in former ages? for in the middle ages of Christianity Paenarum ratio in multis potius quam in sanguine & necesita fuit. They them allowed a compensation even for killing of a man cal­led Wergeld, quasi viri moneta sive praetium, which was with great justice paid partly to the King for the loss of his Subject, and partly to the Lord whose Vassal the slain party was, but especially to the next Kindred of the person slain; and this custom seemed to derive it self from Moses Law. Exod. 21. 30. Our Ancestors in this Kingdom before they were Christians [Page 18] had this Custom, then thinking it against rea­son, that when one man was killed, and the King thereby had lost a subject, that another should be put to death, and so the King lose another subject, and the Kindred of the slain no way recompensed for their loss, as now is used: And after they were converted to Chri­stianity, and did believe that penitent Chri­stians went to Heaven, they thought it more against reason, when a man was slain, to send the penitent man-slayer forthwith from this mi­serable world to a place of everlasting bliss, but rather that he should by a corporal or pecu­niary mulct be made miserable in this life, it being much more suitable to the ends of Go­vernment, that a criminal should live in perpe­tual ignominy, slavery or misery, rather then be taken quite away, because a living con­demned wretched Criminal will be a spectacle in others eyes, will in time be convinced of his Crime, will justifie his Judg, and continually repent his own folly. And therefore, even since the Norman Conquest for Treason, or foul Felonies, the guilty were oft condemned to have their eyes pulled forth, or their Testicles cut out, that there might be no more of the breed, or else that their hands or feet should be chopt [Page 19] off, that so each foul Felon might remain truncus vivus as a living monument of his Felonious fact, for deterring others, and have time to be­wail his own sins and misery: But because in England too much severity is used against Theft, and yet not enough to restrain it sufficiently; and because the wisdom of Prevention is better then the wisdom of remedy;

XIX. That to prevent Thievery, the like course may be taken in England which is used in Holland, especially in that most populous City of Amsterdam, where (as God command­ed the Jews Deut. 15. 4.) Non est Indigens, nec Mendicus inter illos, & benedicit illis Dominus: There is not a Beggar amongst so many hun­dred thousand: To effect which they do three things, they take especial Order that all Youth be bred up, not onely in the knowledge of God, but of some Trade or Profession: They provide work for all sorts of People; and Thirdly, they compel all such as are not wil­ling to work. By this policy, in Holland it is rate to see an Execution for Robbery; and yet if a man could but see at once all the Crimi­nals, Young and Old, Male and Female that have been hanged in England in one year onely for stealing; what Horror and Amazement it would [Page 20] strike, and how would a Hollander justly blame the policy of this State, for Non minus turpia sunt Principi multa supplicia, quam Medico mul­ta funera.

XX. That for redressing those high Crimes (so accounted by all Gods people heretofore, though now in England little conscience is made thereof) of wilfully robbing God or the King; the one in his Tythes, and the other in his Tributes, Customs or Revenues; it may be made absolute Felony for the future, and very severe punishment inflicted, as it is now in other Countreys, and was anciently in this King­dom.

To cozen the King but of Treasure Trove was antiently (as affirmeth Glanvile and Bracton) an offence punisht with death. And 31 of Eliz. it was judged meet by the whole Parliament to make it Felony for any man to embezil but the worth of Twenty shillings of the Ammu­nition or Victuals provided by the Queen for her Souldiers.

XXI. That, according to the Law of God, according to Christian Clemency, Gentleness and Mercy, according to the Laws of other Christian States, and according to the antient Laws and Customs of this State; no person [Page 21] hereafter may for any new Debt be cast in pri­son, but rather that his Estate may be seized, and the person left at liberty to work himself out of Debt by his Industry, Trade or Profes­sion: to which end, if Creditors did proceed onely by Summons, after which legally served at the Debtors House, and no appearance made, then presently proceed to have a Judge­ment against the Debtor, as if he had appear­ed, and then to Execution; and thereupon, to seize not his person but Estate; and in case he hath no Estate, yet to forbear, till by his indu­stry he hath gotten somewhat: for imprison­ment is not only too severe a punishment of the Body, a torment of the Mind, a dying dai­ly, a loss of Reputation, and alienation of Friends, a separation from Wife and Children▪ and a great occasion of being ever after debaucht and dishonest; but it is also clearly against the Creditors profit and advantage; for the Debtor being cast in prison, must there lie at much more charges then at home, and yet find less op­portunity to work or earn any thing, which makes him commonly hold faster what is in his hands, which else he would have parted with towards the satisfaction of his Debts, and en­deavoured by his Work or Trade to have main­tained [Page 22] himself and Family. Besides, by impri­soning the body of a Debtor, the State loseth a Member, which at liberty, or compelled to work, might be of some use.

XXII. That some Provision be made (ac­cording as is excellently provided by the Civil Law) against that Unchristian Custome of ar­resting the body of a deceased Debtor, or of any his Relations, whilest they accompany the bo­dy to the Grave. Also against that vexatious and superstitious custome of stopping any dead body in its passage through any Town or Lordship, and demanding some Fee or Toll for the same, before the body pass further on.

XXIII. That the Admiralty, and all Eccle­siastical and Civil Law Courts may enjoy their due Jurisdictions, That those Jurisdictions may be declared and known, that so no man (when he hath brought his suit almost to a Tryal) may by a Prohibition be constrained to begin all a­gain in a new Court, to his horrible vexation, ex­pences and charges.

XXIV. That according to the ancient Cu­stom of this and all other Christiain States, all Ec­clesiastical Judges may have a power to proceed Ex Officio; That way of Enquiry being exceed­ing necessary for correcting of vice and sin [Page 23] which otherwise will daily go unpunished: In­somuch that by the Civil Law it is called Nobile Judicis Officium, and was never opposed but by the Factious Puritanical part of England, out of design to disturb the English Church Govern­ment; such enquiry and proceeding Ex Officio without an Accuser, but onely upon publick fame, strong Presumption, &c. being approved by sundry examples of Scripture, as well as by all Canon, Civil, and Common Laws.

It is true, that by the Constitutions at Com­mon Law it hath not been held fit that any per­son should be examined upon Oath against him­self touching a Crime, whereby his Life, or any of his Limbs may be endangered; and the rea­son is, for fear of occasioning Perjury, because most men probably would rather hazard an un­true Oath, (although no good Christian ought so to do) then either their Lives or their Limbs. But yet in Criminal matters, not Capital, hand­led in Chancery, the Oath of the party is re­quired against himself: onely there is an Accu­ser, and an Accusation of Bill of Complaint, and not a meer insinuation of fame, as in the pro­ceeding ex Officio sometimes. But then it is to be considered that the Complainant, to find out the truth, may stuff his Bill full of Lyes, because he [Page 24] is not sworn to the Truth of the Bill, as the De­fendant is to the Truth of his Answer; And what is this less then the proceeding Ex Officio, when the Defendant is forced in his Answer (which is alwayes upon Oath) to accuse himself. Be­sides, in dangerous Crimes against the Person of the King, or Peace of the Kingdom, it hath alwayes been held necessary and lawful Policy, to torture such persons against whom good pro­babilities and strong presumptions lie, to make them confess, although it be capital against them­selves and others in the highest degree: And is it not of as great equity in high Crimes against the King of Heaven and Earth, and in Crimes of no less secresie, as Atheism, Apostacy, A­dultery, Incest, &c. to use the means of the Parties Oath, especially where no Capital, no Corporal punishment is intended, but onely a fatherly and spiritual correcting and reform­ing of the Party for his souls health? More­over the proceeding Ex Officio, is not (as many vainly imagine) onely the ministring of an Oath to the suspected party against himself in a Cause Criminal; for there may be proceed­ing Ex Officio Judicis, though, the Oath be not at all urged; nay, sometimes it may not be urged, as in case of Life or Limb endangered thereby.

[Page 52] Now if there should be in England no means for an Ecclesiastical Judg to take cognizance, nor to proceed but upon the voluntary prosecu­tion and accusation of some party, how many execrable offences most displeasing to God Al­mighty, scandalous to the Godly, dangerous to mens Inheritances, and to the souls health of the offenders; yea, some that are the very bane of all Religion and Christianity, would through want of discovery, and by impunity, in a few years spread themselves over this whole Church and State before any Accusers will be found? As Atheism, Apostacy from Christi­anity, Heresie, Schisme, Errors in matters of Religion, Sacriledge, Perjury, Blasphemy, Sub­ornation of Perjury, Swearing, Polygamy, Adul­tery, Incest, and other Uncleanness, Drunken­ness, excessive Usury, Symony, Forgery, Usurpa­tion of the Holy Ministry, Conventicles, un­godly Libelling, and many other abuses: For who commonly are privy to such sins, but men of like humour and affection, who can never be presumed to be likely to accuse, but rather to conceal such horrid offenders; and therefore since that power of thus proceeding was by that most pernicious over-ruling Faction in the Long Parliament extorted from the Church; How [Page 26] have all those formentioned Impieties, like a ge­neral Deluge, overwhelmed the Manners of English men?

XXV. That it may by a Law be provided (according to the practice of other well-policed States) that an obstinate debaucht Son may be punisht by the Magistrate as the Father shall reasonably require, and that in some certain Cases, (as is ordained by the Imperial Laws) Liberi a potestate patria liberati in potestatem redi­gantur, ut si fuerint ingrati vel insignitèr injuriosi in parentes suos, &c.

XXVI. That no man, til he attain to the age of 25, (according to the Custom of our Sou­thern Neighbours where men are sooner ripe) may be enabled to sell or alienate his Lands, considering that in England very many Estates have been most foolishly spent and sold, after the age of 21. which by the same persons, arri­ving to their Wits before 25. would have been preserved.

XXVII. That (according to the Policy of Wil­liam the Conquerour for assuring of Peace and Concord) no man of any considerable Estate, who was in actual Rebellion against the for­mer or present King, may be permitted to match their Sons and Daughters (as they now do) to [Page 27] those of their own Tribe and Faction, thereby entailing Non-conformity and Faction, and perpetuating an impious hatred against the pre­sent Government of Church and State.

XXVIII. That to take off the present continu­al charge of Foot and Horse in constant pay, and yet assure peace amongst us, that most excellent and politique Law may be revived called Visus Franci Plegii whereby all men under the de­gree of Gentry and Clergy, may stand obli­ged to find Suretyes for their Loyalty toward the King; and those Suretyes to be bound to find each man of their Pledge to be forth coming within 31 days, or else to satisfie for his offence; and that all persons who can­not find such Suretyes, may be imprisoned or banish'd. This Custom was by our Ancestors so highly approved, that by Bracton it is called Res quasi Sacra quia solam personam Regis respi­cit & introductus fuit pro pace & communi uti­litate Regni. And in case this should not be assent­ed unto; then considering that the King must necessarily be at the continual charge of armed men to bridle the proud disloyal humour of all those sons of Belial, who obstinately refuse Conformity to the Government establisht, that they all, in all Taxes may be obliged to pay [Page 28] double, if not to defray the whole charges, which they themselves occasion.

XXIX. That Repeal may be made of that un­natural Law of punishing the Innocent in case he flie: for if a man be accused of a capital Crime and perceiving the power and malice of his Enemy, and the often, and corruption, and parti­ality of some Judge, should run away for fear of the event, and afterwards be taken and brought to a legal Trial, and there making it sufficiently appear that he was not guilty of the Crime, is thereof acquitted; yet shall he be by our Law condemned to loose his Goods. It is true, that a written Law may forbid Inno­cents to fly, but that flying, for fear of injury should (after a man is absolved of a Crime iu­dicially) be taken for presumption of Guilt, is contrary to the nature of a presumption, which ought to have no place after Judgement given.

XXX. That for the poor who are ashamed to discover their Poverty, and to declare their wants, there may be yearly appointed Commissi­oners or Overseers (according to that Excellent custom in Holland) to go to their Houses, and there privately to inform themselves of their necessities and condition of life, and to take [Page 29] care for a private Relief before they are con­strained to beg or do worse.

XXXI. That for the great use and benefit of the Poor, and the more convenient distribution of the Charity of the Rich, there may be (according to the present custom of all other civilized Coun­treys) coyned by the King (and not by Victualers and Retailers) a sufficient quantity of Farthings and half Farthings, and those made of such Metal that it may be no loss to the King, no profit for others to counterfeit them; and that they may be made of such a bigness, that they may not be apt to be lost, nor yet burdensom to carry; all which is done in divers other Coun­treys.

XXXII. That according to the wisdom of our Ancestors, and the custom of the most civi­lized Nations, some sumptuary Laws may be made, whereby the great Excess, especially in the inferior sort of English, may be restrained, and most Degrees and Orders may be discerned by their Habit or Port, as now in the Univer­sities and amongst the Clergy is partly done.

XXXIII. That as in the Courts at Westmin­ster, so much more in the highest Court of Eng­land; all Parliament men whilst they attend on the Parliament may be obliged upon high penal­ties [Page 30] to wear a Robe or Vestment becoming their respective Persons, and the Gravity and Autho­rity of the English Parliament of Great Counsel of England (as all the Nobility and Gentry both young and old who have right to sit in the Great Counsel at Venice, and all the Roman Senators did antiently and do at this day) that so they may every where be discerned and re­ceive their due respect, and be ashamed to be seen frequently in Play-houses, Dicing-houses, Cockpits, Taverns or Houses of worse repute; or to be Night-walkers, &c. And during their attendance on Parliament if they be found in such places and ways out of their Robe or Vest­ment, then to loose their wonted Protection from Arrests according to that saying [God giveth his Angels charge over us to keep us, whilst we are in our ways] but out of our way; no protection of this Angels to be expected.] Let no man here object that Parliament men ought rather to wear their swords, which suit not with Robes or Gowns, because the Writ to the Sheriff runs for to choose duos Milites gladiis cinctos, for the meaning thereof is two Knights dubbed, which in those days was done by girding on a sword: but it was ever expect­ed, and sometimes especially commanded [Page 31] that they should attend on Parliament a Coun­sel of Peace gladiis discincti, and their Robes then will be sufficient Guard for their persons as well in England, as it is now in other Coun­treys.

XXXIV. That as the Coins, so the Weights and Measures both wet and dry may be (ac­cording to Magna Charta and 14. Edw. 3.) ex­actly alike all over England, as it is carefully pro­vided in other Countreys.

XXXV. That most, if not all eatable things exposed to sale in the Market as well as in Shops, may be sold by weight, (as is done in Spain) and also may weekly or monthly be Rated (as Bread in Cities) by the Magistrates or Offi­cers sworn so to do.

XXXVI. That, (according to the good Po­licy of Italy) all Taverns, Innes, Ale-houses, Victualling-houses, may be obliged to have a printed Table hang publickly of the Prices of all such things as they are wont or allowed to sell to Guests.

XXXVII. That no Vintner, Inn-keeper, Ale-seller, Victualer or Malster, may in any Corporation be intrusted with the Execution of those Laws which may any ways prejudice their profit.

[Page 32] XXXVIII. That to reduce servants to their pristine and due humility, diligence, frugality, faithfulness and obedience, a Law be made that no Servant shall be henceforth received into a­ny other service without a Testimonial under the Hands and Seals of their former Master or Mistris, that they are competently endowed with all those qualities forementioned.

XXXIX. That (according to the excellent policy of the Romans) there may be appointed some persons of the best Rank and Quality, both in City and Country to Censores Morum, for reforming of Manners, to be furnisht with a power to enquire into mens lives, to take notice if any man neglect his Farm, Trade or Profession; and how he otherwise maintaineth himself.

XL. That special Provision be made for exe­cuting all our good Laws enacted for the en­crease of Tillage, where more people may be set on work, and they rendred more strong and stout for service of their Country against an E­nemy. And likewise the Laws made for en­crease of Fishing, whereby more people may be fitted for Sea-service, whereof this Kingdom surrounded almost with the Sea will ever have special occasion.

[Page 33] XLI. That according to the good Policy of our Ancestors, all the married Nobility and Gentry of England (without special leave of his Majesty to do otherwise) may be obliged to keep house in the Country, every one at his own Manerium, so named, a Manendo of abiding there, Vt semper presto essent ad Servitia Regis & Patriae per implenda, to be ready there to serve his King and Country, and by a laudable Hospitality to gain the affections and dependan­ces of the Peasantry.

XLII. That according to antient Canons of the Church, and according to divers other Re­formed Churches, and according to the custom of the Primitive Christians, no dead body may be hereafter interred in any Church, especially in London, or the Suburbs thereof, but either in some Vault or else in the Church-yard, or rather in some decent enclosed place without the City. To bury in Churches is to the dead but a superstitious custom first brought in by the Franciscan and Dominican Fryars about the year One thousand one hundred, when Super­stition was almost at the height, invented to get Money, perswading the people that to be buried within the Church, or near the High [Page 34] Altar was more availeable to their souls: and to the Living it is not onely chargeable but most unwholesome, that so many putrified Carcasses should be so near under their Noses all the time of their Devotion.

XLIII. That as all Clergy-men are by Com­mon Law exempted from all inferior Offices, as Bailiff, Bedel, Constable, &c. to serve nei­ther per se nec per alium, to the end that they may attend their function; so that they may (according to meer reason, and according to a Statute 8. H. 4 num. 12. in the unprinted Parliament Rolls) be exempted from arraying and mustring of Men or Horse for the War: For their Glebe Lands, and Spiritual Revenues being held in Pura & perpetua Eleemosyna. i. e. in Frank Almoyne, ought by Magna Charta to be exempted from all such burthens. And as for their persons, they serve their Countrey other­wise, and for that service ought to be counted worthy (as well, if not better then the Levites of old) of their Spiritual Profits and Reve­nues, and also worthy of the Kings Protecti­on, not only for their Service, but also in that they pay to the King the first years Profits, and every year the Tenth of all Spiritual Bene­fices. [Page 35] Besides the Clergy being by their Fun­ction prohibited to wear swords, may neither serve in person, nor can be capable of any Ho­nour, as Knighthood usually conferred on Warriours.

XLIV. That as nullum tempus occurrit Regi, no Custom nor prescription may be pleaded to the prejudice of the King; so also with much more reason, that no Custom nor Prescription may be pleaded to the prejudice of the King of kings: That all Compositions or Customs of paying a little money for a great Tythe may be every where abrogated, and all Tythes taken again in kind, or a new Composition according to the present value, which is but justice and more concerns this Parliament to do for the Church then it concerned the Parliament 18 of Eliz. to do for Colledges by obliging their Tenants to pay onethird part of their old Rent in Corn.

XLV. That all Lands antiently belonging to the Knights, Templars, Hospitallers, of St. John of Jerusalem, or to the Order of Cisterci­an Monks, which by Popish dispensation were antiently exempted from paying Tythes, may de novo be obliged as all other Lands in England [Page 36] to pay Tythes; at least all those Lands given to those Orders since the time they were so ex­empted, as by all Law and Justice they ought to do.

XLVI. That our Ecclesiastical Officers, as Chancellours, Commissaries, Officials, &c. may be in Holy Orders as the Canonists and modern Legists in the Romish Church, are for the most part; that so neither the Romanists on one hand, nor Presbiterians on the other, may have so much reason to except against them in the matter of Excommunication, as executed by Lay Hands: Vtcunque illi non assumunt clavium potestatem sed tantummodo poenam Canonis decla­rant & infligunt ob contumaciam.

XLVII. That Registers may be setled in eve­ry Hundred, or in every County at least, and all Lands and Houses may be entred into that Book, and therein all Alienations to be set down in Alphabetical Order, and none to be authen­tick if not there entred, that so no man hereaf­ter may be cheated by a Premorgage or any other way, but that all men may be satisfied in what they possess, and what they may call their own.

[Page 37] XLVIII. That as among the Jews where­by immediate Divine appointment, the chief Clergy man Aaron was Brother to the Supream Magistrate Moses and the Priests, and the Levites were all of Noble stock: and as amongst Christians even here in En­gland antiently, and at this day in forreign Christian States, the chief Clergy have been oft of Noble and sometimes Royal bloud, and the ordinary Priests usually sons of the Gentry, whereby they come to be more highly Honoured, and their just Authority better obeyed; so now in England, that the two Archbishops may be (if possible) of the Highest, Noble (if not Royal) bloud of England, and all the Bishops of Noble bloud, and the inferior Priests, sons of the Gentry, and not (after the example of that wicked Rebel Jeroboam, and our late Re­publicans) to make Priests of the lowest of the People, whilst Physick and Law, Pro­fessions inferior to Divinity, are generally embraced by Gentlemen, and sometimes by persons Nobly descended, and prefer­red much above the Divines Profession.

[Page 38] XLIX. That as in the Universities, all Heads of Colledges (if their Founders intentions were rightly observed) and all Fellows of Colledges are obliged communi jure so long as they hold those places to abstain from Marriage and the carnal knowledge of Women, so in the Church, that not only Archbishops and Bishops, but all others that take any Ecclesiastical Benefice, may by a Statute be obliged so long as they hold those Bene­fices to abstain in like manner; and as with­out a Dispensation no man can hold two Benefices with Cure of Souls, so no bene­ficed man should take a wife without ei­ther Dispensation (in some few cases to be allowed) or resigning his Benefice. To say they cannot abstain, or shall be occa­sioned for want of Wives to do worse; all Fellows of Colledges, who commonly there pass the very heat of their Youth, might with much more reason plead the same, and yet would be derided for their pains. By which abstinance the Clergy would be ena­bled to be much more hospitable and cha­ritable, and so better beloved, they would live with more gravity and decency, and [Page 39] so more feared, they might then far bet­ter attend their Studies and Cure of Souls, and so be able to give up a better account at last.

L. That, according to the good Policy of Q. Elizabeth, the Chancellours or Vice-Chancellours of both our Universities may be obliged to deliver the King every fourth of fifth year a just, true and impartial List of all the eminent and hopeful Students, especially those of the Civil Law, to set down punctually their Names, Colledges, Standings and Faculty, wherein they did or were likely to excel; that so when any occasion should be to send an Ambassa­dour abroad, the King might nominate him an Associate, a Secrecary or Chap­lain; and when any preferment fit for per­sons of an Accademical Education should fall, the King might make choice of the person.

LI. That all Advousons of England, not now in the Crown, may be all bought in at reasonable values, and setled for ever upon the Crown, that so all Rectors of Pa­rishes (as well as Bishops, Deans and Pre­bends) [Page 40] may have their dependance on the Kings bounty onely, (as all the Clergy in some Reformed Churches now have) and not on any mean, covetous, illiterate, fa­ctious, heterodox, symoniacal or sacrile­gious Patron; by which one means all the English Clergy would soon become Loyal and Orthodox, of one mind, and of one Lip; the whole English Church would flou­rish in a perfect Unity, and a beautiful U­niformity, and God would then delight to dwell amongst us,

LII. That (since divers known Jews are by His Majesties Princely Clemency per­mitted again to inhabit in this Kingdom) some good Laws (according to the wisdom of His Majesties Predecessours, and the pre­sent practice of other well-policed Christian Dominions) may be enacted in order both to the Christians safety, and the Jews Salva­tion. It was the ancient Law of England, as appears in Fleta, that a Christian, whether man or woman, that married with a Jew, should be burnt alive.

In Italy, by express Law of all Jews (even in those places where they are freely [Page 41] permitted to dwel) are made uncapable to bear any office or dignity in the State, nor to take any degree in the University, or to be seen in publick without a distinct mark to be discerned from all Christians, nor erect any new Synagogues, nor circumcise any not born of a Jew, nor take to wife a Chri­stian, nor impugne the Christian Doctrine, nor to take into their Family a Christian to serve as a Servant, or as a Nurse, nor to be admitted a witness against any Christian, nor be seen abroad on the day of our Saviours Passion, nor to take any Usury of Chri­stians. Also that every Saturday Afternoon, they shall be obliged to send one out of each Family of the Jews to a Christian Sermon appointed for them onely, to the end that they may be converted to the Christian Faith, or at least be convinced of the Truth informed of the reasonableness thereof, a­bove and beyond all other Religions in the world.

LIII. That by an Act of Parliament, or by a Canon of the Convocation, the com­putation of the Church of England, at pre­sent erroneous and defective, may for the [Page 42] future be rendred more regular and perfect. For in the Julian or English Account, (by reason of the no allowance made for al­most eleven minutes every year since the year of Christ 532.) the year with all its Festivals hath been brought back about ten days, and thereby caused a notable ab­surdity, more especially in the observation of the Feast of Easter, (which for Antiquity and Authority yeelds not (as Learned Chri­stians affirm) to our Sunday or Lords day) for whereas by the Primitive institution, after a long and hot contention between the Eastern and Western Churches; about the time only of observing Easter, that Feast was at length by Decree of a general Coun­cil ordered to be observed for ever on the Sunday following, the First Full Moon after the Vernal Equinox, (and not on the day of the said Full Moon, as the Jews ever have observed their Passover) now according to the Church of England, there falls sometimes two Full Moons between the Vernal Equinox and Easter-day: Nay, (which is too great an absurdity to be suffered in any Christian Church) two Easters will some­times [Page 43] be observed in one year, and none in the next. As in this very year of 1667. one Easter hath already been observed on the 7th of April last past, and before our Church be­gins to write 1668. that is to say before the 25 of March next, there will happen another Easter, viz. upon the 22 of March next; and then from the 25th of March 1668. to the 25th of March 1669. there will not any Easter at all be observed in England, according to the present Rule, whereby is guided the English Computation.


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