DIGEST OF GOVERNMENT: TOGETHER WITH Certain Additional PROPOSALS TENDERED To the Consideration of all Peaceable PATRIOTS.

By William Ball, Esq;

LONDON, Printed for Thomas Johnson, at the signe of the K [...] in Paul's Church-Yard, 1659.

[...]

Additional Proposals, &c.

FIrst, That Explanation be made of all ambiguous Clau­ses, and words, in any Law, Statute, or Act of Parlia­ment, which may admit of different, or indifferent con­structions; that so the Letter of the Law may be direct, and plain (as in Reason it ought to be) and that ten Judges may not interpret the Law by way of Intendment, and seem therein rather dare ius, than dicere; by which means they have done, and may do, wrong.

2 That, (whereas, in regard of the multiplicity of Suits in Law, Hearings are delayed, and sometimes put off from Term to Term, to the obstruction or hinderance of Justice, and to the trouble, charge, and wrong of the Parties aggrieved), the Judges of the Courts at Westminster do sit, and hear Causes (if they have any depending before them) on every Munday, Wednesday, and Friday in the afternoon in the Term-time, and on the days commonly called All-Saints, All soules, the Purification, and St. John Baptist if it happen within the Term; (for certainly it is reasonable to do justice on any day) and that the Lord Kee­per, or Lords Commissioners of the Great Seal, and the Master of the Rolls sit once every week (and oftner, if they see cause) in every Vacation: that Suits be not so long depending, and de­layed in Chancery.

3 That whereas Writs of Errour are somtimes necessary, and many times the causes of vexatious and chargeable delays, to the parties aggrieved; if erroneous Judgment shall therefore be found through Default of the Judges themselves, such Judges to be forthwith displaced, and utterly dis-inabled to meddle in the Law, and suffer mulct according to their Demerits. And so touching the Barons of the Exchequer. And if such erroneous Judgment shall be otherwise found, that the party or parties aggrieved be allowed quadruple Costs and Damages; and so, if through the default of the Judges.

[Page 8] 4 That Demurrer be abolished, and that if the case be mat­ter of Law, and not Fact, Judgment be forth-with given, accor­ding to the merit of the cause; unless such case be very diffi­cult and then the Judges to meet within eight dayes in the Ex­chequer Chamber (as formerly) upon penalty of 100 l. for every Judges default who ought to meet; and then, and there to give a final Determination to the Cause.

5 That all Abators of Lands pay Quadruple Costs and Da­mages, or suffer severe corporal punishment; and that all Dis­seizo [...] of Lands and Rents pay Quadruple costs and damages.

6 That no relief be given in Chancery against the lawful En­try of Donors; F [...]offors, and Leassors; that so their Acts and Deeds be not defalcated by way of Equity; and that all Bills of such nature or pretext, be dismissed of course, or not admitted into Chancery.

7 That Deeds of Covenants to stand seized &c. and Wills or Devises for Land invalid, or insufficient, according to the Letter of the Law, be not made valid, or helped by way of Intendment, or Interpretation (which many times have been, and may be wrested) of Law or Equity against Heirs at Common-Law: for it may seem to imply an act of GOD not to permit such Deeds or Devises to be valid, that so Lands may descend according to His Law, Numb. 27. And therefore the defects of such ought not to be supplyed by Man.

8 That un just Decrees in Chancery be reversed by the Coun­cil of State, or by some of them the eunto, appointed or nomi­minated; together with the aid or assistance of such Judges or Serjeants at Law, as they shall think fit to call unto them; and that such as made such unjust Decrees be forthwith displaced, and suffer mulct according to their demerits: howbeit, such as shall complain without just cause, to be severely punished.

8 That whereas there are divers covetous and greedy per­sons, who desire and labour to incorporate as it were, and adde Lands to Lands, and will therefore venture to purchase any broken Titles, on purpose, by power of their purses (being mo­ney'd men) to weary our such as have better Right, thereby to obtain their Rights for little, or for some unvaluable considera­t [...]on; and also to molest and contend with such as have Rent-charges, [Page 9] or other engagements in, or upon such Lands, on pur­pose to make such parties (especially if mean and necessitous) to agree and compound with them to their losses; therefore all such covetous and greedy Purchasors, who shall be lawfully evicted touching Right, Rene, Charges, or other Engagements in, or upon such Lands, shall pay quadruple costs and damages.

10 That whereas divers covetous and greedy persons do not onely themselves, but also procure others (who may be termed Brokers) to inveagle young Heirs, and others, by flattery, feast­ing, and merry-making, to sell their Lands, Rights, or Interests, and at such times, and in such manner, obtain or get from them Agreements, or Contracts, for the sale of their Lands, Rights, or Interests (many times upon unvaluable considerations, and sometimes to their undoing) therefore all Agreements & Con­tracts so obtained to be null. And also, that the persons them­selves, and their procurors (or Brokers) using such practice, be severely punished.

Touching Commerce and Trade.

1 That a Council, or Committee of Audience, be institu [...]ed to sit, hear, and receive such Proposals, as shall be exhibited unto them in writing touching the Commodities, discommodities, conveniences, inconveniences, advantages, disadvantages, of Commerce, Trade, Manufactures; and of all Improvements, and Aggrievances, touching the Publique; and that the said Council, or Committes do consider, and propound to the Par­liament, such advancements and furtherances, remedies and re­dresses, as the merits of causes shall require.

2 That, if our Neighbour-Nations, or other [...] more remore, shall raise the prices, or impose extraordinary Impost, or Ex­cize, &c. upon their Commodities importable, into the Domi­nions of this Commonwealth; we do the like for our com­modities transportable un [...]o them: Ours, of Tinne, Lead, Cloth, &c. being as necessary and vendible unto them, as theirs to us.

[Page 10] 3 That no Fullers-Earth be transported out of this Land with­out special Licence from the Council of State, upon great penal­ty; and, for that, sufficient Excize to be imposed: forasmuch as not onely the Low-Countries, but other our Neighbouring Na­tions, do thereby improve their Manufactures of Cloathing. &c. and dis-improve ours.

4 That Refiners of Sugar be not permitted to refine with Lime, as they usually do; which is not onely a cheat, but un­wholesome for bodily health; and that if there be no other Re­medy, such manner of Refining be wholly prohibited.

Touching Elections of Members for Parliament.

THat the Members for Parliament (for the future) do neither directly or indirectly, by themselves or others, procure themselves to be elected, upon penalty of being dis-inabled to sit in the House, and to pay the Fine of 500 l. to the use of the Com­monwealth: and that all Feastings, and Entertainments for Ele­ctions be abolished upon like penalty: and that the Freehol­ders, and such as should elect Members for Parliament, do assemble, and meet No Free holder under 10 l. per annum, to be admitted to elect Knights &c. upon penalty, &c. for Elections at their own charges, upon some penalty, &c. to the use of the Com­monwealth (unless some lawful excuse of sickness, &c.) And that if they happen to chuse Knights for the shire, under the value of 500 l. per annum, and Burgesses for Boroughs under the value of 100 l. per annum, or some way equivalent; that they al­low them their Salaries towards their charges (if they shall re­quire, or desire it) and not otherwise: and that such members for Parliament as shall be legally so Elected (being persons ca­pable to sit in Parliament) shall undergo the same, upon penalty [Page 11] of 500 l. to the use of the Commonwealth (unless some lawfull excuse of sickness, &c.) and that such Elected Members swear before the Sheriff, and two, or one Justice of the Peace; or, in Cor­porations, before the Mayor, &c. to perform their best endeavours for the places, for which they are elected; and for the Commonwealth in general. By this means, self-seeking and self-ended Members may be expunged; and yet sufficient, able, and knowing men elected.

FINIS.

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