The Truly-Loyall OFFICERS PLEA, &c.
THere is a Book lately Printed under This Title:
[A List of Officers Claiming to the Sixty Thousand Pounds, &c. Granted by His Sacred Majesty for the Relief of His Truly-Loyall and Indigent Party.
Which List is made Publique, by the Consent, and at the desire of the Honourable the Commissioners Appointed by Act of Parliament for Distribution of the said Moneys.] To which must be added, that This List is Published by the Kings Express Allowance, and Licensed by His Majestie's Chief Secretary of State.
It will now seem Needless, perhaps, or worse, To plead the Cause of an Act, Executed by so Ample, Solemn, and Unquestionable Authority; unless we first acquaint the World, that, notwithstanding This Authority, great Endeavours are Used, to Blast, and Discredit the Proceeding: Every Stationer's Shop being Buzz'd with Arguments against the Thing: mostly (as in Charity we believe) out of Mistake, [Page 2] or Misenformation; but not a little also, out of Project, and Designe; for, there are very many Persons, whose Interest it is to Suppress the List, as the Evidence and Story of their Own Crimes: Whereas, on the Other side, it is as much the Behoof of the Truly-Loyall to Promote the Ends of This Book, as it is for the Benefit of their Opposers to Destroy the Fruits of it: Since not only the Reputation, and Wellbeing of the Party, but the Cause it Self lies at Stake, and (to speak with Reverence, and Modesty) the Honour and Safety both of the King, and Kingdom, are Concern'd in the Consequence of This Miscarriage. The Grounds of which Opinion, we shall as frankly submit to the Censure of Others, as we readily Engage against Their Objections to Acquit our Selves. Which Objections we shall Undertake in the first place: and They are (according to the best of our Enformation) in Summe, and Weight, as followes.
Object. 1. FIrst; The Printed List of Officers, Exposes the Royal-Party to have Their Throats Cut, in Case of an Insurrection, which was the Compounders Case in the dayes of the Committee of Safety, when upon Printing a List of Their Names, it was proposed, that the whole Party might be Massacred.
Answ. 1. FIrst; It is a Charge upon the King, to suggest that His Party are in the same Danger now, under his Majestie's Protection, which they were formerly in, under the Persecutors of His Royal-Father.
Secondly; By the same Reason, All his Majestie's Loyal-Subjects, must either wear Vizors, or Hide [Page 3] their Heads, when the King's in Danger (for Men are better known by their Faces, than by their Names) and what Mischief soever Threatens the Royal-Party, is but in order to the Destruction of the King-Himself.
Thirdly; The Members that Voted This Money, and the Commissioners that are to Distribute it, All Their Names are Printed; and where's the Greater Hazzard of Printing Their Names too that are to Receive it?
Object. 2. IT is a Dishonour for so many Persons of Quality to be Publisht for Indigent: besides the Inconvenience of being Laid open to their Creditors, and the losse of other Preferments, by being known to be Necessitous.
Answ. 2. FIrst; The very Act require that They be Publiquely Certify'd, and Publiquely Registred as Persons that have not a sufficient Livelyhood; so that as to the Point of Publishing Their Indigency, the Thing is done Already.
Secondly; Touching the suppos'd Dishonour of being known to be Poor, let it be consider'd, That every Mans Loyalty and his Poverty are Recorded together: and certainly, no Person of Honour will Think it any shame, to Proclaim to the world, that He has spent his Fortunes in the Service of a Prince, that laid down his Life for the Preservation of His People.
Another Branch of This Objection is, concerning the Consequence of appearing Necessitous; which, in This Particular, we are so far from fearing, that [Page 4] we Reckon the Enlisting of our Names upon a Publique Roll, to be the only Secure and Honourable way of Redemption, whereof our Condition is Capable.
First, as to our Creditors; our fair, and warrantable Debts, do, by such a Record, become virtually the Debts of the Nation; and they are Effectually so Acknowledged, both by theKing, andKingdom, in the late Act of Parliament, where it is Declar'd, For the Perpetual Memory of the Eminent Deservings of the Loyal Party, and for the Encouragement of Loyalty to future Ages, that Their great Servicesand Sufferingsexceed all possibility of present Compensation,from a Kingdom Exhausted by the Rapine and Oppression of a long Rebellion.]From whence it appears, that Our Necessities are but Dependent upon the Necessities of the Publique. Shall theKings Party now be Asham'd to Publish Their Wants, when His Sacred Majesty is Content to Confess His Own? or, What better Security can our Creditours, either Wish, or Expect, than to find us Recommended (as in another place we are)to future Employment and further Reward?(which will Enable us to satisfie them). And This Recommendation will be most Solemn, and Effectual, upon a Publique and Inspected List: Whereas, otherwise, for the shadow of a Reputative Disgrace, we quit the substance of a lasting, and monumental Honour: Concealing our Disease, out of a scruple at the Remedi; till at last, we Perish One by One, unknown; ☞ and the whole Party sinks by degrees, into a Condition both Wretched, and Ridiculous.
[Page 5] Again; that the Printing of our Names, should be any Hinderance to our Preferments (without the greatest Indignity possible to his Majesty) is the Thing we cannot upon any Terms either Admit, or Comprehend.
If we Consider the Party; take their Character, in the Preamble to the late Act for their Relief. It is That Loyal Party,Which through all Hazzarde and Extremities, in the Defence of the Kings Person, Crown, and Dignity, the Rights and Priviledges of Parliament; the Religion Lawes, and Honour of theEnglishNation did bear Armes by the Command of His Late Maiesty of ever Blessed Memory, according to their Duty, and the known Lawes of this Land; and did with an Unwearied Courage, Faith, and Constancy with their Lives and Fortunes, Oppose that Barbarous Rebellion raised against His Most Excellent Maiesty, in the year1642.—That Loyal Party,Which after the Horrid Murther of Their late Glorious King with the same Uigorous and Active Loyalty asserted the Rights and Interests of his Royal Successor, and with the same Restless Zeal Opposed all succeeding Usurpations, untill His Sacred Maiesty Return'd in Peace and Triumph,&c. Will it binder any Mans Preferment now to have his Name affixt to This Character? Where's the Gratitude, and Justice of the Nation? If Those Persons that have Ruin'd Themselves in the service of the Publique, shall fare the worse for being known to have done their Duties? [Page 6] Where's the Wisdome of the Nation, if it be rendred more Beneficial to subvert the Government, than to uphold it; and if the Reward of Struggling with all Hazzards, and Misfortunes, to preserve the Lawes, must be either Reproche, or losse of Preferment, to such as shall appear to have been undone in the Contest? Lastly; Where's the Faith, and Honour of the Nation; if, after a Parliamentary Declaration for the Encouragement of Loyalty, People should speed the worse, for being Published to have been the Eminent and Miserable Assertours of it? So that the Community is cleerly of us, With us, and For us. Wee'll now Advance our Argument a little higher.
Shall we lose our Hopes; and Preferments, if we be once known to be Poor, upon so Publique, and Noble an Accompt? This Objection vanishes for ever, when we Reply, that The King is the Fountain of all Considerable Honours, and Preferments; and that He is a Pious, a Prudent, a Just, and a Gratious Prince? What is our Unhappiness even at this Instant, but the want of such a Roll as is now the Question? We do not speak of a List of Enquiry, which is only Previous to Another, and serves but to Discriminate the Right and Wrong; but of a Try'd and Examined List of such Officers as have stood the utmost Test of Misery, and Persecution Nor is this any new Thing:
Ro [...] Parl. 11. H. 6. m. 6. Forasmuch as there be many Old Servants, and feeble; that have Dispended their Youth in the service of my Lords, my Grandfather, Father, [Page 7] and Brother, whose souls God assoile; and also with my Lord that now is, whom God given good life and long, some without any Livelyhood or Goterdon, so that they be now in great Mischief, and Necessity, and some but easily Guerdoned, and nought like to their Desert and Service: Wherefore I desire that there may be a BOOK made of all the NAMES of such as have so Served, and been Hnguer doned, or nought Guerdoned like to their Desert, to the Intent, when Offices, and Corodies fall, that they might be given to such Persons; they having Consideration to the Ability of them, and to the time that they have served, in the same wise as of Benefices to Clerks.
Henry the Fourth of France, did for the Relief of such as had been Maimed, Wounded, or Begger'd in his Service, Grant by an Irrevocable
EDICT.
Edict July 7. 1606. Jean de Serres Hist. Franc. pag. 1218.The Royal House of Christian Charity, and the Money growing upon the Remainder of Accompts of Hospitals, Almes-Houses, Leprous-Houses, and other such Companies, and of the Ʋsurpations, and Alienations of the Revenues thereof, Revisions of the Accompts, and Abuses [Page 8] and Disorders committed in the Government, and Administration of the said Places, together with the Money which should arise of the Places, and Pensions of Religious Lay-men, in every Abby and Priory of his Realm, being in his Majesties Nomination.
The Consideration of the Horse was referred to the Duke of Montmorency; and of the Foot, to the Duke of Espernon, who were to make A LIST of the Persons, and to note in the Margin what Annual Pensions every man might merit, according to his Quality, Valour, and Wounds.
Was a List of the Truly-Loyal, and Indigent-Subjects of the Kings Progenitors thought so necessary, and Beneficial to Them; and is it not much more Expedient for the Subjects of His Sacred Majesty now in Being? To suppose that ever any Prince had more Tenderness and Mercy in his Inclination, were to Blaspheme the greatest Goodness in Nature: and on the other side, Malice it self will not pretend, that ever any Subjects made it more appear, that Their Duties and their Souls were Inseparable, than That Party which are the present Matter in Question. So that, in Fine, We want nothing in the world, but a List of our Names, in the Kings view, to do our business.
Shall his Majesty but vouchsafe barely to look upon us in our Misfortunes? we have His Natural Clemency to Plead for us. But when it shall descend to Consider, that even These Raggs had the [Page 9] Honour to Contribute somewhat toward His due Establishment, and Glory; His Royall Justice will not (with Reverence) Permit Him, having reliev'd, and fixt all other Interests, to suffer ours alone to lye Disconsolate and Hopeless.
Does the King need Loyal Officers? Such a List as we propose, furnishes His Majesty with Those that want Employments; and, Whom will his Royal Wisdom rather trust, than such as with their Lives and Fortunes, first serv'd his Royal Father, till they were Commanded to Render and Disband; and after That, with a Fidelity Inviolable, Press'd through all Hazards and Temptations, untill the settlement of His Sacred Majesty in His undoubted Birth-Right. In short, upon the whole Matter, it is Impossible for us to be in His Majesties Eye, and not in His Care. But there is Another Objection, that
Object. 3. IT would Reflect upon the King, to have it known, that so many Loyal Officers are left without a Livelyhood.
Answ. 3. IF it would Reflect upon the King, to have it known that we are left without a Livelyhood; It will do his Majesty Right, to make it known that we are provided for; and a Printed Roll of Their Names to whom the King has already Granted something, and Promis'd more, is a Publique Evidence both of His Majesties Present Grace and Favour, and of his further Bountifull Intentions.
Again, To that part of the Objection, that so many are left unconsider'd, A Printed List will Lessen the Number.
[Page 10] 3ly Without a Printed List, Our Distress will be Imputed to the King, though it be our own Fault; for his Majesty is not Oblig'd to take notice of our Particular Necessities by Divination.
Object. 4. MOst of the Commissioners are Parliament-men, and the Publishing of this List, is in a manner to Arraign the House of Commons, for having Certifi'd so many unwarrantable Persons.
Answ. 4. THere's a Great Difference betwixt Members of the House in a Committee of Parliament, and Members of the House Joyned in Commission with Others by Act of Parliament; where they sit, not as Members, but as Commissioners. But to something that's more Pertinent.
Let it be Noted, that the Commissioners are directed to Certifie, as the Matter appears to Them; and according to the best of their Knowledge: which Certification amounts to no more, (unless they speak upon a positive Averrment) than the Recommending of an Officer upon a Credible Information; wherein there is neither required a Certainty of the Thing, nor an Infallibility in the Person. So that the Crime lyes Evidently in the Fraud of That Report, whereupon each Respective Certificate was obtein'd; and without any colour of Reflection upon the Commissioner that Granted the Certificate. (for 'tis no Dishonour to be Deceiv'd, where 'tis Impossible to be Certain.)
Again, since to be Deceivable, is but to be a Man; it can be no Fault, or Shame to be Mistaken, What will the Objector say now to his Own Argument, [Page 11] when he perceives the Poynt of it turn'd upon Himself? 'Tis suggested that, A Printed List Asperses the House of Commons; and yet 'tis manifest, (since Mistakes go for nothing) that no Reproche can arise from This Matter, to the Disadvantage of Any Man, which is not Grounded upon Express Confederacy, and Practice.
We have said already what we conceive needfull, as to our Opponent's General Objections; but there are some Particulars yet behind, which we cannot conveniently let pass without a Reply: and They concern, First, (in the List it self) the Person that Compos'd it; and, in the Next Place, Those Officers for whose Benefit, He has given Himself That Trouble.
Touching the Book, 'tis Whisper'd and Fomented that, There are many Officers left out, and Misrepresented; that, The Method of it is not clear; and in short, that, The whole Thing is Ineffectual. To which we Answer.
First, that we do not hear of any man left out, beside Those mention'd in the Errata, save only (by the Clerks Fault in the last Transcript) Colonel WILLIAM HAWLY, a Colonel of Foot under the Marquesse of Newcastle; which Oversight, the Gentleman that Dispos'd the Papers, Acknowledges with great Respect to that worthy Person: But so, as taking upon Himself only the Order of the Copy, without undertaking for the Corrector of the Presse. 'Tis True, there are many Field-Officers wanting, which some People are willing should be understood not only as a Defect in the Book, but [Page 12] as an utter Exclusion to Those that are left out: Whereas the Truth is This; The Officers are to be Try'd by Their Certificates; and this Printed List is Only to shew Them in their Counties, Qualities, and Regiments, for the more easie and open Inspection.
It will be fit likewise to Clear the other Mistake concerning the Field-Officers that are Omitted; to whom it may be Given to understand, that the Last Allowance for the Press did precisely Prohibit the Printing of any Field-Officer, but such as should desire it. Whereupon, a Matter of a Hundred Gentlemen (being at that time about, or near the Town, and taking Notice of That Order) Enter'd Their Names, and are Printed accordingly.
To the second Exception, Concerning Mistakes in the Press; They are not much vers'd in Books, that look for none; Especially in a Copy of This Nature; where there is neither Reason, nor Coherence to Guide the Compositor; and where, withall, there is scarce any one word that is not of a Nice, and Particular Import: to which must be added, the Confusion, and Errours of the Papers whence This List was Extracted; together with the Intricacy of the Thing it self, and the necessary Hast in the Dispatch of it. Nor must it be forgotten, that very many of the Original Certificates are Interlin'd, and with a Differing Hand, and Ink, from that which wrote the Body of them (which may fairly enough be presum'd to have been done since the signing, and sealing. These Circumstances duly Consider'd, it is no wonder to find some Mistakes, and yet (saving those which are Corrected in the Errata) we meet with few or none. Material, that we can Charge upon the Transcript.
Touching the Obscurity of the Method; It will [Page 13] suffice that any man that can but Read, may Enform Himself in the Advertisement: and that in the Alphabet of the Book, He is to look for the Regiment he desires, as the Table directs him to the Certify'd Officer.
The Last Exception is, that The List is Ineffectual; which is confuted by a Demonstration of the Contrary, in the Discovery it has already produc'd.
In the Next Place, to the Folly of this List, comes to be suggested the Malice of it; and That, without any Regard at all to Those Powers, that have both Approv'd and Authoriz'd it. It is Point-blank Affirm'd, that This List is only His Design that put it together, to cast an Odium upon the King, and to work Himself into a Faction. Concerning which, the Gentleman Himself has Conjur'd Us, not to put on so much as a serious Look, upon so Innocent a Scandal: wherefore we let that Question fall, touching His Particular. But the Brand of Faction upon the Generality of the Truly-Loyal and suffering. Party; the Charge of Mutiny, and Disobedience, to the Authority of Parliament: (for This is the Language that we are of late accustom'd to; if we but Modestly sollicit and endeavour, that the Bounty which His Majesty Only Intended for His Friends; may not be divided amongst His Enemies)—These are Imputations which we cannot but in Honour take Notice of, so far as Consists with our Duty to the King, and to the Law; and rather than pass That Limit, we shall not Refuse to Lay our Necks, at the Feet, even of our Meanest, and Unkindest Adversaries; with which Caution and Modesty before us, we shall now Proceed to a Brief State of our Case.
The CASE.
SO soon as His Sacred Majesty had Past the Two Bills for the Relief of His Truly-Loyal and Indigent Party, and Prorogued the Parliament, The Commissioners Appointed Act of Parliament, for the Menage and Distribution of That Bounty, Apply'd Themselves with all Care, and Diligence, to the Advancement, and dispatch of That Affair. Particularly, the Honourable the Commissoners siting in the Star-Chamber (by Virtue of the Aforesaid Act, and to the Ends aforesaid) Observing, and being Enform'd, that Diverse Certificates were artificially Introduc'd, and that many other Practices, and Forgeries had been Attempted upon the Commissioners, found it Convenient to make use of a Certain Number of select Officers, of known Integrity, and of General Acquaintance in His Late Majestie's Armies, to Assist them in the discovery of Unqualify'd Pretenders; which Officers, being both Nominated, and Empower'd by the said Commissioners, did accordingly Assemble and Proceed in Form, and under the Name of a Committee for Inspections: Which Committee being afterward dissolv'd, and Their Proceedings Vacated; It will not be Incongruous either to Order, or Good Manners, if for the clearing of our Cause, we touch upon some Passages Then and There in Debate.
This Committee was by its Constitution to Consist [Page 15] of a Chosen Number of Commission Officers Additional to as many Commissioners of Parliament as should think fit to be There. Their Power was only Preparatory, and their first Order was to Consider of a Method to prevent the passing of undue Certificates; and to Report their Proceedings therein upon the Tuesday following to the Star-Chamber. Instead of Framing This Method (which in Course was the first thing should have been done) some Considerable time was spent upon Certificates; effectually, without any Method at all, save only that the Colonels were to be first, and the Rest to follow in their Turns; and All to be put to a present Vote, Whether they should Stand or Fall. This manner of Proceeding begat: many Heats, Disorders, and Delays, for want of an Impartial Rule, whereby to Judge of every Man according to his Respective Glayme, and Qualification: till in the End, Experiment and Prudence mov'd the Gentlemen to Consider of a Certain Standard, that should determine all Niceties in Question: which was no sooner Agreed upon but it was Regularly submitted, and Reported to the Star-Chamber, Consisting in substance of These Particulars following.
He that has not Any way deserted his Loyalty and Duty to the Late King, or his present Maiesty in Their Wars (which are the words of the Act,) or (as in another Place) that has serv'd the Late King, and his present Maiesty through the whole Course of the Late Wars; ▪ That Person is within the Meaning of [Truly-Loyal.]
The Standard for [Indigence,] was Four hundred Found (in proportion to an Annuity of Fifty or Threescore.).
[Page 16] A Reall Command] for a Colonel of Horse, was stated at Two-Hundred; for a Captain, at Thirty Horse: For a Colonel of Foot, at Three-Hundred men; for a Captain, at Forty. They offer'd likewise, what Officers they conceiv'd to have a Reall Command of Souldiers according to their Commisions, and propos'd a Regimental Order, as the aptest Method, in their Opinion, for Inspection.
While Matters were in Motion toward this hopefull Period, there Interven'd another Question not to be omitted, and it was occasion'd by somewhat that fell from the Lips of a worthy Gentleman (having at that time the Chaire) which was, that There were Seaven-Thousand and Five-Hundred Officers Certify'd, upon which Computation (Reckoning Those that are probably Dead since—46, and Those that are known to have Deserted, together with Those that do not Claim) the late King must be suppos'd to have lost his Crown at the Head of above Twelve-Hundred Thousand men. The Effects which This Overture wrought upon the Truly-Loyal, and Suffering Party (especially proceeding from a Person that spake with Authority, and upon Knowledge) were no other, than as so many Lines drawn to a Point; Every man pressing (though with various Reasons) to the same end [PRINTING,] as the only means to Purge and Reduce that Prodigious-List; and which way soever they lookt, they met with Arguments, both of Honour, and of Necessity to Persue it; and still the more narrowly they Consider'd, the more forcible they found those Arguments. The Case They Reason'd Thus:
[Page 17] THe Kingdom has presented His Majesty, and His Majesty has, at their Request, Gratiously Bestow'd upon His Truly-Loyal, and suffering Officers, a Considerable Sum of Money, with an Express Limitation of it, to the Use and Behoof of such Persons. Shall Cromwell's Guards now be Admitted to the Reward, and Character of Loyalty? or shall His Majestie's Bounty, that was directed singly to His Dutiful Servants, be Apply'd in Common to the Murtherers of His Father? Shall Treason, and Loyalty, be supported by the same Hand? Or shall Those Gentlemen that ever Valu'd Their Honours before Their Lives be subjected now at Last to mingle Their Names with men of Desperate and Infamous Forfeitures? And yet all This must be done without a strict Examination of This Blended List. Upon the whole, The King's Intentions are Frustrated, His Charity Misemploy'd, His Loyal Servants Defrauded, His Enemies Supply'd, Loyalty is Disheartn'd, and Disobedience Encourag'd: beside the Profusion of the Publique Treasure; the Hazzard of His Majesty taking His Enemies, for His Friends; and finally, beside the sad Consequence of Condemning a Party that has been Loyal beyond all President, to be Miserable beyond all Example (which must needs follow upon the Admittance of so many Sharers to This Money.)
To these Arguments (in Order to the Press). It was Reply'd, that the King had Positively declar'd Himself against it. Whereupon, (in Confidence that if so it were, it proceeded only from a Misrepresentation of the Thing) The Gentlemen drew up their Reasons, and Tender'd Them to the Star-Chamber, [Page 18] with their desires, that his Majestle's Pleasure might be more Particularly besought concerning That Matter. Upon which they past a Vote, and a Person of Eminent Honour and Modesty, Attended the King with the Humble Request of the Commissioners; to whom, upon the first Overture, His Majesty was pleased to express Himself, that there was much to be said both for, and against it; Demanding withall, What Number the Certificates might amount to? It was Answer'd, that They were Reputed to be about Six or Seven Thousand. Whereupon, His Majesty Replyed, that it must needs be a great Abuse then; and that it would be so much Money thrown away, if it came to be divided into so many shares; in the Conclusion; remitting the Business wholly to the Commissioners. Upon the Report of which Gratious Return, the Honourable the Commissioners past a Vote for the Print, and soon after, Another for the Method, and Two more after That, the One in Allowance of the Book, and the Other of the Praeface, wherewith His Majesty was again Acquainted and Approv'd it.
So that at length, by the Mediation of all honourable Aids, Agreements, and Authorities, we are possest of the List; which we find, as we Expected; (save that it falls nigh Two-Thousand short of the first Computation) In This List, we meet with Diverse Officers that have been long Dead; several that never serv'd the King at all; others that left, and fought against Him. Beyond These Gross Abuses we do not presume to Meddle; and These are a sort of People, with Whom we should be very loth to [Page 19] appear in the same Livery. Concerning Commission-Officers within the Act: whatshall be Reputed a sufficient Livelyhood; what a Desertion; or what Measure Those Pesons are to receive, that claim to a Higher Command then in strictness they Executed: Touching These Particulars, we Interpose no further then in our wishes, that there may be no Point strain'd, to the Disadvantage of any Man that has faithfully, and Honourably serv'd His Majesty: for it is not our desire to augment our Particular Shares, by Grating upon our Fellows, but rather (so far as Consists with the most Favourable sense of the Act,) that all such as joyn'd, and Continued, in the same Cause, and Service, may likewise be Joyn'd, and Consider'd in the Reward. Within This Compass we Reckon it our Duty to Contain our selves; and thankfully to acknowledge the Prudence, Justice, Tenderness, and unwearied Pains of Those Honourable Persons, who are Commissioned for our Relief; by the Benefit of whose Favours, being now brought within View of what we have so long, and so earnestly desir'd; we find at last Another Scruple Injected; Which is; that All Certificates sign'd by Five Commissioners at a Publique Meeting, are Concluding; which Nicety is Principally Urg'd by such as have no other Title to the Benefit of the Act; and the Delicacy of it Rests upon the Construction of the word [TRUE] [according to the Number of such TRUE Certificates] which [TRUE] if understood, Only as Oppos'd to COUNTERFEIT, there may be still a True Certificate, though of a False Matter.
This Opinion will not sink into Us for many Rea- [Page 20] which we shall only Offer, with submission to Better.
First, we conceive the Commissioners Nominated in This Act. (and sitting in the Star-Chamber) to be the Competent and Proper Judges of the Meaning of it; and we have the Honour of Their Practice for Our Authority. As for Instance; It is put to the Vote, what Officers should be Reputed Commission-Officers within the Act, and which not? How come the Commissioners in the Star-Chamber now to be Judges of That Qualification, more then of the Rest? That the Person Certify'd be a Commission-Officer, and that being a Commission-Officer, He be likewise Truly-Loyal, and Indigent, are Conditions Equally Requisite, by the Letter of the Act: and Five Commissioner's Hands can no more Conclude a Revolted Captain to be Truly-Loyal, then they can Authorize an Armourer to be a Commission-Officer; which being over-Rul'd in the one, holds every jot as strong in the other.
Further; In the Praeface to This newly Printed List, the Honourable Commissioners have Expresly Promis'd, and Invited an Inspection: that is, an Inspection of Persons, rather than of Certificates; for which Express Reason They are rather Enter'd in Regiments, than in Counties.
Again; The Conclusiveness of Five Hands at a Publique-Meeting Engages the Act in a Contradiction: (and we have heard that an Act Repugnant to it self, is so far void) The Distribution Made according to the Certificate, Contradicts the Distribution Requir'd according to the Act.
To This, 'tis Urg'd, that the Certificate is an Act Executed, and that though the Body of the Commissioners [Page 21] cannot totally Rescind such a Certificate, they may yet suspend the Issuing of the Mony.
We Reply; that if the Distribution were an Act Executed too; such a Certificate were much a Better Plea, for a Mistake Unforeseen, and past Prevention, than it would be in This Case; where, upon Proof, the Person that demands the Mony, is but the Counterfeit of the Person that ought to Receive it. Again; may they suspend the distribution after the Mony is due, and not as well Refuse it utterly where it can never be due? If it be due, they are to Pay it at first; if it be not due, they are to Refuse it: for delay will not make it more due, and the Reason of stopping it for a moment, holds for ever. So that if they can neither Reject the Person because of the Certificate, nor Allow of Him because of the Act; the Mony must Eternally Rest where it is, and never come to a Distribution.
It may be also Consider'd, that the Case is Clear concerning the Persons, and doubtful touching the Certificates.
But Wee'll suppose more Force in the Objection then perchance there is, and that in Extremity [such TRUE Certificates] may be so Render'd, as to bear it. See now how Many Reasons, and how Weighty, what Troops of Inconveniences appear Against the Colour of That single Argument.
There's first, The Ground of the Act, [a Consideration of services done to the Kingdom] There's Next The Scope of the Act; [The Honour and Relief of That Loyal Party that did Those Services.] Thirdly, The Political Prudence of it [for the Encouragement of Loyalty to Future Ages.] Fourthly, The singular [Page 22] Care of Applying That Bounty aright: [The Threescore Thousand Pounds must be distributed among Persons precisely so and so Qualify'd]. To Conclude, All These Clear and Noble Ends must be disappointed; The King's Favours scatter'd among His Enemies; The Honourable Intentions of the Parliament Frustrated; and the Bread Taken out of the Mouths of Honest Men, and Given to Another sort of People; in favour of one dubious word, Notwithstanding above Twenty Positive, and Explicit Declarations in the same Act to the Contrary.
We do not undertake to be Magisterial in This Opinion; but we trust that for the General Good and Honour of the King's Party, no Other Persons shall be Knowingly Admitted to this Dividend; and we hope likewise that in some Other Cases, no Person duly Qualify'd shall be shut out by the strictness of the Act, to whom Manifestly the Fruit and Grace of it was Intended.
Touching the Reason, and Modesty of our Proceedings, enough is said (as we presume) to Acquit Us either of direct Folly, or Faction, we shall now lay down certain Humble Proposals suitable to the Rest of our Actings.