An humble REMONSTRANCE Presented to the Right Worshipfull COMPANY OF Merchant-Tailors Maii 15. 1661.

By WILLLIAM DƲ-GARD.

Qui non deliquit, decet a [...]dace [...] esse, audacter & confidenter pro se loqui.

Plaut.

Vi opprimi in bona causa melius est q [...]à [...] malè cedere.

Cic.

LONDON, Printed in the Year of our Lord. 1661.

To the worshipfull, the Master, Wardens, and Assistants of the Right worshipful Company of Merchant-Tailors. Maii 15▪ 1661. The humble Remonstrance of William Du-Gard, touching his Discharge from the place of Chief School-Master.

GENTLEMEN!

I Have received an Order from you Decemb. 27. 1660. whereby you are pleased to discharge mee from the place of chief School-Master of your School▪ onely▪ out of savor to mee, you give mee time until Jun. 24. 1661. the better to provide for my self.

For that Favor, though I humbly acknowledg my thankful­ness: yet I cannot but wonder at your proceedings with mee in my discharge from the place.

For, 1. You have do [...] it indictâ caus [...] ▪ the innocentest man living may be condemned by this Course. When Ter [...]llu [...] the Orator in an eloquent Oration accused▪ St Paul before Fel [...] the Governor, Act. [...]4. yet Felix▪ though an Heathen, gave St Paul leave to answer for himself. The Law gives a Felon▪ or a Traitor leave to except a­gainst [Page 4] som of a Jury, and to answer to his inditement before he be condemned. 'Tis a rational and just saying of Julian, Si accusâsse sufficere [...], [...] es [...]et innoceus. And Seneca, Qui statuit aliquid parte i [...]a [...]di [...] alter [...], aqu [...]m licèt statuerit, haud aequ [...] est.

2. You have don it, som of my Capital adversaries being both my Accusers and Judges: and how easy it is for men of parts and power, upon specious pretences, when there is no li­berty for the Defendant to answer, to draw others to their opi­nion, and pronounce sentence, an ordinary judgment may quick­ly understand▪ [...] . Qui ad [...] respi [...]iu [...]t de facili pronunciant.

But what is my Crime, that must deserve so hard a Censure?

It is alleged in your Order, That many Complaints have been frequently from time to time made to the Master and Wardens of the Company, and to the Court, by the parents and friends of the young Scholars, of the neglect of the chief-Master's dutie in that School, and of the breach of the Companie's Orders and Ordinances thereof.

— pudet hac opprobria nobis
Et dici potuisse, & non potuisse refelli.
— A shame 'twould be reputed
That such things should be said, and not refuted.

The French have a Proverb, That when a man would have his dog hanged, he must first make folks beleev hee is mad.

Two things are here objected:
  • 1. Neglect of Dutie.
  • 2. Breach of the Companie's Orders.

1. To the first I answer, That it is very strange to mee, that so many Complaints should be made by the Parents of the Scholars, and I never hear of any, nor ever call'd to answer one complaint in seventeen years space. D [...]lus est in generalibus. Let any par­ticular Parent appear, that ever accused mee in particular, as to any neglect, on my part▪ and I shall willingly be your bondslave.

[Page 5]But I may say as innocently as David, Psalm. 35.11. They laid to my charge things that I knew not. I have been in the pro­fession 33 years, and in all places wherever I came, I have had ample Testimonials of my faithfulness and diligence, and my Scholar's proficiency. Religion hath taught mee better than to be an eye-Servant. Besides, experience of my painfulness and diligence, easily confute's this allegation: for I have kept the School in as flourishing a condition, as in any seventeen years from the foundation: and might do so still, if I might be permitted to have the ordering of it.

Formerly I have had many thanks from the Company for my care and diligence, and no encouragement they thought too much for mee: I am the same man still: yet such is my unhap­piness, that I cannot give som men content, do what I can.

—Tempora mutantur.—

It is alleged in the Order, as an Aggravation of my Negli­gence, and as an issue and consequence thereof, That the School must Decay, and that the Decay thereof will tend to the prejudice of the Common wealth in general, and to the great dishonor and disgrace of the Company in particular, if the same be not timely pre­vented.

To which I answer, 1. THat, if the premisses were true, that indeed would be the Consequence: but the premisses can never be pro­ved; and therefore that Conclusion cannot follow.

2. It is to be considered what is to be understood by the De­cay of the School, which must thus tend to the prejudice of the Common wealth in general, and the dishonor and disgrace of the Company in Particular.

The Decay of a School (in common understanding) is, when Scholars cease to resort to it: which may proceed from diverse causes: viz. either for negligence of the Master, unskil­fulness in his teaching, or exorbitancy in his life▪ as the decay of a shop is, when Customers forsake it for want of good wares; or of an handicrafts-man for want of skill; or ill husbandry, [Page 6] when a man cannot get his work don in due time. But it is obvious for any man to say, that when he see's a shop well cu­stom'd, There are good wares or a mechanick well imployed, he is a good Ar [...]ist▪ or an house well-furnisht, there is a good husband. What ever the Pretence is I bless God for it, it can­not truly be said, that the [...]chool ever decayed under my hand. The Records of the School will easily shew the contrary▪ and when ever I leave it, I may say, as the Emperor said of Rome, Lu [...]erit [...]am [...]ccepi, ma [...] more [...]m re [...]iq [...].

When Sir Thomas More, by commission from the King, went down into Kent, to enquire the cause of Goodwin sands, he [...]ound not that Te [...]ter [...]n steeple was the cause of the decay of Sand­wich Haven, though that was alleged before him. But, under favor, I will demonstrate unto you the true cause, that now is, and hereafter will be the decay of the School, if not timely re­medied▪ wherein I shall give an answer to your second objecti­on, viz. the Breach of the Companies Orders.

II▪ By your Order of Ma [...]i 16. 16 [...]9. you have abso­lutely forbid the Schoolmaster to admit any Scholars, but such as bring a warrant under the Master and Warden's hands: which being rigorously observed and exacted, must needs destroy the School, as in part it hath been the decay of it already. For, to my knowledge, within this twelve-month, at least threescore Scholars that would have com'n to the School, for want of the Master's power to admit them, have gone to o­ther Places, to the great prejudice and decay of your own School, and to the great advantage of other places.

I have no Scholar now in the School, but what I have warrant for according to your Order. But what inconveniences it hath already brought on the School, we are too too sensible, it hath been dammage to the Master and Ushers at least 100 [...] and yet neither profit nor honor to the Company.

We cannot compell Parents to com to the Company, when they can have them at other places for their money; nor will they suffer their children to lose their time in waiting somtimes a month, somtimes six weeks before there be an ordinary Court to admit them, unless they be such poor people that expect be­nefit from the Companie's Charity. Som have answered, that [Page 7] they will not pay and pray too [...] others, that they expect not to have their children gratis ▪ and therefore if the Master can­not admit them they will go to other places that wil [...]; and so they carry them away, and never return again.

'Tis the Companie's honor, that they are the Found [...]rs, Pa­trons, Go [...]ernors of the School. But yet the Company cannot make a Scholar. As the Parent is the natural cause of the Child's Beeing; the Company the providential Political cause of good education▪ so Scholars▪ that are skilfull in▪ Arts and Sci­ences, are the instrumental cause of their learning: and yet the credit of the whole Art and work redound's to the honor of the principal efficient.

True it is, that an hundred years ago, when it was an hard matter to get a Scholar to read Greek ▪ there was such an Order made, That no Scholar should be taught in the School, unless first admitted by the Company. But afterward there was found a necessity to dispense with that Order; and so it was with my Predecessors; which I can prove for above threescore years by-gone: They (and my self too from them, untill the last year) had such an Indulgence, that did not limit nor restrain them to admit quarteridg-Scholars, who did not immediately depend on the Charity of the Company: and the Motto engraven on the School speak's as much▪ Nulli pracludor, Tibi pat [...]o.

Since the Company have been so strict and severe with mee, as to urge and press the Observation of that Order, I have o­bey'd▪ though to the great prejudice of the School in general, the dammage of the Master and Ushers in particular, and discouragement of all.

I am not so void of reason, but that I know, if the Company will have it so, I must obey, nor can I contradict. Yet I can­not but▪ deplore the sad condition the Master▪ is cast into▪ For by this means the School must decay, the Master cannot remedy it▪ and yet the blame must be laid upon the Master for negli­gence; when as in truth the Masters hand's are tied, and be he never so industrious and obedient, he cannot help it. It is an easie matter to fi [...]de a staff to beat a dog.

'Tis said of Draco, the Athenian Law-giver, that he wrote his Lawes, not with Ink, but Blood, because he made the least of­fence [Page 8] capital. 'Tis said of som penal Statutes, that they are like Statute—lace, make a fair show afarr off, but look near up­on them, they are but cruel. In point of Divinity, if God should mark what we do amiss, who could abide? In Political conversa­tion, if the extreamest rigor in every thing be exacted, no man could live by his Neighbor: In Scholastick discipline, if every punctilio should be punished, the School would be no better than a Bridewell.

I know nothing by my self (I thank God) but, for the sub­stance, I have been a faithfull Servant, and observed your Orders. Allow me but common and humane infirmities (which Christian charitie will allow, for there is no Angelical perfection in this life) and, I bless God for it, I know the Divel himself cannot just­ly accuse me of any notorious or scandalous Crime: But if you will be so extremely rigorous, as to make every conceived puncti­lio capital; and, upon suggestions, without hearing, discharge your Servant pro arbitrio, I do not know any man living, of any part [...] fit for the place, that either can or will serve you on that condition.

My Comfort is, That I have faithfully discharged my conscience in my place: That I have mainteined the School in honor and credit for my time, notwithstanding the sinister prejudice of some men: That I have as really and truly honoured the Company as ever any man did in the place: That I have not onely bestowed pains▪ but cost in a Scholastick way, the better to furnish my self for my employment: That I have don that for the School in som particulars, that few men in England could have don besides, whereof I shall leave lasting monuments behinde me, and I know there be not many that can follow mee, even in that, which som men count negligence. And I hope I have don God good ser­vice in training up many that are now excellent and eminent in­struments of God's glory both in Church and Common­wealth.

Howbeit I count it som unhappiness, that, after seventeen years service to such a noble Company, I should be condemn'd [Page 9] for negligence, that I was never guilty off▪ and to have so hard measure, as to be discharged from my place and livelyhood▪ indi­ctâ causâ, and not to be suffered to answer for my self.

Yet I must lay my hand upon my mouth▪ and look up unto God, without whose providence an hair fall's not from our heads, nor a Sparrow to the ground, and conclude; That, If I cannot longer with love and encouragement serve the Company▪ I must humbly take my leave and pray for them; and wish that my Suc­cessor (whatever he be that is design'd to my place) may be more painfull, more diligent, and do more for the honor of the Company than I have don.

My former experience of God's mercifull providence assure's me, that whatever befall's me in my pilgrimage here is for my eternal good. That he can turn the emnitie of men to my ad­vantage; that still he will accept of my service, in my generati­on, having fitted me in some sort for my calling: and I doubt not with God's blessing still to be, as formerly, a successfull in­strument in training up of Youth, to his glory, both for Church and Common-wealth.

[...]

Quicquid patimur mortale gen [...]s
Quicquid facimus venit ab alto.

This former Remonstrance was enclosed in this Letter follow­ing Maii 15. 1661. To the Worshipfull, the Masters, Wardens, and Assistants of the right Worshipfull Company of Merchant-Tailors.

Right Worshipfull!

I Make bold to present to your Worships my humble Remon­strance touching my Discharge; and I humbly crave this fa­vor That, if I may not longer continue with your love and en­couragement, as formerly, yet that I may be dismissed fairly with your favor: and therefore may it please you to consider.

1. That I left a good livelihood in another place, when I en­tred upon your service; and brought with me many Scholars to the School.

2. That I have continued seventeen years in your service▪ and till of late, with much encouragement.

3. That I had the Companie's leave to set up my Press.

4. That when the Company were displeased with it, I sould it with as much expedition as I could, at 300l. loss.

5. That in seventeen years I have lost above 800l. by non­payment of quarteridges.

6. That by a strict observance of your Order of Mar. 16. 1659. the School hath lost above 100l. this last year.

These considerations I humbly lay before you, and take my leave,

Your Worship's most humble Servant William Du-Gard.

To the right Worshipfull, the Master, Wardens, and Assistants of the right Worshipfull Company of Merchant-Tailors.

GENTLEMEN!

I Read of Hen. 7. who, being very thirstie, called for a cup of Beer: his Cup-bearer making more haste than good speed stumbled and fell, and spilt the beer, even then, when he was rea­dy to deliver it: The King, though a little moved with his heed­lessness, yet, seeing the man did it not willingly to offend him, de­manded of him, is this well don? yes, answered the Cup-bearer, it is well don: how canst thou make that good, quoth the King? thus Sir, said he: we have a Proverb, That every thing is well don that is well taken: and if it please your Majesty to take it well, it is well don: the King not displeased with his answer, pardoned his offence, and dismissed him without displeasure.

I wish I could say this were my case. I perceive that I have offended the Company by my Remonstrance, presented Maii 15. 1661. My Aim and End in it was no further than to vindicate mine own innocency, and to assoil my self from that Crime which was objected against me; not to lay any aspersions on the Company.

I know very well that it is my dutie to submit to the Compa­ny▪ in all Reverential respect and Observance: which I have ever don, and shall ever do, whether my Relation hold, or cease: those that know my deportment, could never justly charge me with the contrary. I know likewise, that I ow a Despoticall re­spect, that is, such as a Servant owe's to his Master▪ at whose com­mand he is: this I acknowledg to be my dutie: and where ever I have erred in either of these respects either in unbeseeming words or deeds I confess my fault and humbly crave your pardon: 'tis an error of my judgment, not of my Will and Intention. Actus non facit reum, nisi mens sit rea.

But to make my self guiltie of a Crime that I am not obnoxious unto, were to betray mine own innocence; which cannot reason­ably be expected from a rational man; much less from a Christian.

Nothing is charged upon me but in general; to which I have given a general answer.

I looked no further than your Order of Dec. 12. 1660. where­by [Page 12] I stand discharged▪ at that time (I hope I may speak the Truth without offence) I was not called, or summoned to answer for my self at all: nor did I receive that Order untill Dec. 2 [...]. fol­lowing.

I must needs acknowledg that formerly many Disquisitions were made concerning the irregularities of Scholars admissions▪ and other things: and, upon debate, all was concluded in an Or­der made Febr. 15. 1659▪ and delivered to me Mar [...]ii 16. 1659. strictly forbiding the Master to admit any Scholars, without warrant: which I have observed to my own great dammage, and the unspeakeable prejudice of the School. I conceived then that all forepast irregularities and errors, swerving from the primitive Statutes were then cancelled, and an Act of indemnity past up­on them: and therefore I could not but wonder, that they should be reviv'd again, and rais'd from the grave of Oblivion (wherein I thought they had been all buried) to give a Charge against me.

If his Majesty should now null and make void his gracious Act of indemnity and Oblivion, and deal severely according to the strict rigor of the Laws of the Land, few men could escape the condemnation of Treason.

I suppose not many made conscience of eating flesh in Lent, though by Statute forbidden, because for a long time it was in­termitted▪ yet when his Majestie's Proclamation revive's it, it is dangerous to do it. I kept the School for 16 years, as I received it from my predecessors: but when your Order of Martii 16. 1660. came and revived the former statutes, I have fasted from the former permitted Custom, though I have grown lean upon it. I hope there is no Crime in that.

I set up my Press by the leave of the Company: when that was offensive, I sold it at 300 l. loss▪ I hope there is no Crime in that.

When a Minister is presented to a Benefice, he is not usually ejected, nisi ob aliquam rationabilem causam, as the Civil [...]aw speak's, and in such a case the judicial proceedings are secundùm allegasa & pr [...]bata: I conceived my self in the same Constituti­on. But if it be otherwise, I must be contented. I humbly submit to your [...]easure, and God's providence.

Your most humble servant William Du-Gard.

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