An Epitome or Representation of some of the chief Maxims of the Policy, and laws absolutely requisite, and necessary to the making and constituting the Nation a reall Common-wealth.
THat the Governours and People of these Nations have one and the self-same equall and common Interest, Priviledges, and benefits, in the Policy and Laws by which they are governed; for if we are a Free-State or Common-wealth, every man, high, or low, rich or poore, Magistrate or Subject, hath and ought to have, one and the self-same right protection and defence from the Law without exception.
And as this is, and ought to be enacted as one branch of the great Charter, for, and in respect of the regulation of mens manners and deportments correcting, and preventing wrongs and injuries, and the preservation of particular and private interests, (for our great Charter takes especiall care to maintain [Page 6] and secure each man in his particular and private interests) yet is not private interest, as to Meum et Tuum, that is to mine and thine, left utterly lawlesse, unlimited and boundlesse; for our Common-wealth, though it may admit of poore, yet must have no beggers, or any that want necessaries, for we have but three ranks or estates of men amongst us; viz. either those that have sufficient to supply necessity, or secondly, those that have for conveniency of a more free and comfortable lively-hood; or thirdly, those that have for superfluity and abundance; the superfluity is caused to make a comfortable supply to the necessity, to prevent beggery; this, and conveniency, do defray the publique expence and charges of the Common-wealth, and by this rule we lay and leavy out publique Rates and Taxes; those poore that can and will work, we take care to set them on work (if they want it) and pay them liberally; those that can but will not, we compell them to be willing by due correction; those that would but cannot, as aged persons, children, sick folks, and diseased, we comfortably provide for them without it in the way aforesaid, and if we are ncecessitated to raise any publique tax or rate over and above those that are the constant and usuall ones of the customs, and excise of Beer and Ale, &c. sold in Innes and Victualling-houses, we leavy it by way of subsidy, wherein those bear the burthen that are best able, and the tax in it selfe is most equall and contentfull.
As to the Legislative power, that is to say, the power of making Laws that onely by the great Charter, is to be & reside in the great and generall assembly of the peoples representatives in Parliament, who alone have power to make new Laws, and to repeate those that are old, unnecessary, and out of use; saving, that they have no power given them, by the great Charter aforesaid, to make any new Law that may break, infringe, or destroy the constitution of our government, as a Common-wealth. For he, that once but makes a motion of that either in, or out of the house, is adjudged and executed as a Traitor. And if our representatives, shall so far forget their oath to God and the Nation, as to falsify the trust reposed in them, and that the Major part, or the whole, should vote [Page 7] and enact against the constitution and Character of the government, then there is a clause in the Character that declares them Traytors, and absolutely dissolved, and that the People are thereby required to indeavour as one man, to bring them to condigne punishment, and to elect and chuse new ones in their stead, more faithfull and better principled to the freedom and common good of their Country.
These repesentatives are to be chosen by the people of the Nation, in every Province or County, and at their first fittingare all sworn inviolably to maintaine the great Charter of the Commonweales constitution, in the afore-said choice and election, no mans suffrage or vote, is ecepted but onely men of dessolute lives and conversations, and very suspitious, or openly dis-affected persons to the Common-wealth; for such as these may neither chuse, nor be chosen, to bear any publique office of trust, and profit, in this Commonwealth.
This great assembly, or Parliament, is to be called trienially, that is to say once every three years, at least.
As to the executive power, it is by them to be put into the hands of such persons quallified, without any of the exceptions aforesaid, as they shall think fit.
And because the same Representative or Parliament, is not to fit durante vita, during their lives, there is a competent time set; viz. one yeare at farthest; with in which time, they are obliged by the Charter of the Common-wealths constitution to desolve; and before such their desolation, to appoint and elect a Counsell of State out of themselves, who are to manage all affaires in the intervalls, according to such Lawes, Ordinances, and instructions, as shall be made and enacted by the said Parliament before its desolution, and not otherwise under account, unto the next Representative of such their transactions and administrations, wherein if they have behaved themselves wisely, justly, and faithfully, they are honoured and thanked, if otherwise, discarded, disgraced, and punished. As soone as the new Representative sits, as aforesaid, the power of the Councell of State shall cease and be determined untill another be by them newly elected, and by [Page 8] this meanes our Grandees of State will know, and be made sensible, as well what it is to obey, and be subject, as to rule and govern, experimenting both conditions.
This councell of State fore-mentioned, hath power and instruction upon great and necessary emergencies of State, as in case of forraigne invasions, making war, and concluding peace, or, raising new impositions and taxes on the people, to call a Parliament before the trieniall course revolve and come about, for they are not intrusted to transact such important affaires on their owne heads, without the advise and consent of the great assembly of Parliament, yet may they issue forth any Proclamations and orders, that they shall see fit and necessary, for the better observation, and execution of the Laws, already made and enacted for the peace and well Government of the Common-wealth.
The title that we give this counsell of State is, viz. The keepers of the Liberties of the Common-wealth of England, authorized by act of Parliament: and in this manner, both our selves and forraigne States make our addresses to them, and in like manner run all our Law processes, and commissions to any Ministers of State, millitary or civill, in the intervalls.
The Common-wealth gives no honours unto any man, other than his vertues merit, in being servicable to the State in this, or in some honourable trust and imployment for the publick: Wealthy men, and of great estates, otherwise are of small reputation and account, but amongst their owne Tennants and Creditors.
If any intrusted in state affaires, growes rich insensibly, if he were not so before, we forthwith lay him aside, as suspected of secret deceit, falsnesse, and bribery.
All offices of trust and profit, as they are conferred on the most able and deserving men, without respect to private relations, so are they given freely also, that the greater may their obligation be to use them without oppression of the people, and the more their shame and guilt if they abuse them.
Those deserving men of smaller estates, and are preferred to places of profit; and those of greater, to places of honour and trust, but all must be alike faithfull and honest, in all [Page 9] respects that are imployed in the one or other.
And as we doe in civill, thus also we doe in millitary commands, and offices, for we keepe a small Army alwayes of about ten thousand Horse and Foot, besides these in some four or five of our most considerable Ports: and garrisons, to hinder intestine insurrections, or forraigne invasions and to take up all loose stragling and martiall spirits, whose minds cannot settle to any civill calling or imployment, who yet by discreet discipline will be kept out of harmes way, and made very serviceable to the Common-wealth, for the ends aforesaid. These also serve for a guard to the great assembly of Parliament, whilst they fit, and to the Councell of State, in the intervalls to suppresse and keepe under the headinesse, ininsolency, and disaffection of the the baser sort of our Metropolis, if not in other respects, yet in regard of their opinions and principles to the Common-wealths government, who by their selfe conceipt, Pride and rashnesse, would soone unsettle our Common-wealth, and undoe themselves, were it not for these, and the Tower, of which especiall care must be taken, that it be in the hands of a man of great sufficiency of parts of most approved fidellity and sincerity to the Common-wealth.
We have also our Militias of trained bonds, of horse and foot, raised in each County, and disciplined and trained in the exercise of armes at certaine set times, at least four times in a year, commanded by able and honest Commanders, that they may be ready upon some few houres warning, to appeare in armes for the defence of their Countrey, and of their Lawes and Liberty.
Our Representatives retaine the power and office of Generalissimo in their owne hands, whilst they fit, and delegate it to the Keepers of the Liberties of England, in the intervalls.
They themselves appoint their Leivtenant Generall by act of Parliament, who ought to be a man, not only truly valiant, but also one really possessing the quallifications declared by the Common-wealth, viz. one truly fearing God, a lover of all the people of God, and if he have these two, he can hardly want all the rest that becomes of a Common-wealths man, the which is absolutely required, in the person that shall command our Army.
[Page 10]Our Lawes are few, necessary, plaine, and easie, (without any quirkes and quiddities) to be understand by the most vulgar capacities.
Our Lawyers and Administrators of Justice are as few. Our Law processes, tritalls, and determinations are as speedy unexpencible, and as little verations as may be, for we have our Law administred de deie in diem, daily, at our own doores, as it were, that is to say, in every County: the Judges and administrators constantly attendin on that businesse.
No Law-suit or cause after the first day of hearing (wherein there must be no delay used) must depend undetermined above one moneth, nor any above one yeare and a day, and that is onely when some of the materiall parties or witnesses to the cause, are beyond the seas, and cannot have notice and warning, and this under a great penalty to the Judges, before whom the said cause depends.
The Plaintiffs and Defendants, and their witnesses, are to speake before the Judges, vivâ voco, and to plead their owne causes; for neither incriminall nor judiciall causes do we allow any advocates, except the Plaintiffe and Defendant, one or both be Ideots, naturall Fooles, or not compos mentis, that is, mad, or besides themselves.
The Judge of our Courts have no Fees, bnt constans set salleries paid them by the State for that service, these, salleries are partly paid out of the fines and amercements set on Litigious persons, that are cast and condemned in their causes, for the Judges are to lay severe fines on them, as for disturbing the private peace of their honest neighbours, so also for troubling the Common-wealth.
We allow Appeales from our County Courts, to the highest Court of our Metropolis; but he that will appeale must give good bond and security, that he shall make good his appeale, or else to forfeit the same that he is bound in, the one halfe to the party, for whom the cause was adjudged, in the said County Court, and the other halfe to Common-wealth towards the use aforesaid.
We have no particular Court of Chancery, that may [Page 11] Monopolize the determination of all causes of equity wholly to it self, but all our Courts have powr, as to Judge of the jus, and Law, so also of the equity and conscience of any cause, that depends before them. We have none Prerogative Courts, for the very name is abominable, and the thing diametrically opposite to the charter of our Common-wealths constitution. But all maritime causes are determined, in the other Courts, under whose jurisdictions and precincts they happen and fall, who have power to determine according to reason and equity in all such cases, for the Civill law or jus gentium is no other, besides some few sea customes and usages, which are well knowne to every experienced Sea-man, and therefore the jurors in all maritime causes ought to be of Sea-men and Mariners.
And as for the probate of wills, and differences about them, they also are to be decided in the usuall Court, Save that the willis to be recorded by the register of each County, as all other publike acts and contracts of that nature, ought to be as hereafter is expressed.
And if any Judge, or any other Officer or administrator of justice, take any bribe, directly or indirectly, by himselfe, wife, servant, or friend, and it be proved he shall loose his place, and office, durante vita, during life, and forfeit treble, the vallue of the bribe, so taken to the Common-wealth, as also shall the Person that gave it him, to delay or pervert justice
We have a Court on purpose erected in every County, for the Triall of all mens claimes and titles to any estate and therefore Proclamation is made to all such as pretend to have any such right, title, or claimes, to any inheritance, or estate as well as aforesaid; (if the said claimers live within the Land) that they bring in, and make forth their claime, in three moneths, next after such a Proclamation made, as aforesaid, or in one yeare and a day at farthest, or else they are to be for ever after, fore-judged and concluded by their own voluntary and wilfull neglect. Thus all titles and claimes to all estates in the Nation, being cleared and the property, assertined a publique register is appointed in every County, Market Towne, and Towne corporate, those in the Market Townes, [Page 12] and corporate Townes aforesaid, to be the deputies of the register of the County, with whom all mens inheritances, and all other publique bargaines, sales and contracts shall be from time, to time registred, and recorded, and thence transmitted unto the register Generall of the Metropolis, once in a quarter▪ or sooner.
No man shall be imprisoned for debt (except such of whom it is doubted that they are runing the Country, and then not above three dayes or a short space, during which time, he at whose suit he was imprisoned shall give and allow him 3s a day to maintain him there untill the matter may be examined by the Judges, and if no just cause be found for his imprisonment, he at whose suit he was so imprisoned shall pay him 5 lb an hour for his false imprisonment. But if it be found just, the imprisoned is forthwith to agree with his Creditor, or to pay the debt, which if he refuse so to doe, he shall make a true confession upon oath of the real valew of his estate, and where, and what, and in whose hand, or custody it remaineth, and payment is to be appointed by the Magistrate; [...] of it the, said goods and estate being sould to the best advantage, and the overplus, (if any be) to be rendred unto the said Debtor; but in case the estate and goods will not reach to the payment of the debt, and to leave the Debtor 5 lb to begin the world againe, if the debt be one hundred, or so many five shillings of each pound, as the debt is under an hundred, for the Creditor, if he thinke fit, shall leave so much in his hands; which sume so left, shall be as an obligation to the Debtor, if ever God make him able, to pay his Creditor the whole debt due to him, but if the Creditor will take all, and leave him nothing, he shall be debarred in Lawsuits for ever from challenging the remainder of the said debt, from his said Debtor. But in case that the Creditor shall prove that the Debtor hath forsworne himselfe, and concealed any part of his estate, to defraud him, that then by the Law the Debtor shall be esteemed, and punished as a Cut-purse or Fellon.
No man shall be arrested by Sergeants or Bailiffs for debt, save onely in the case aforesaid, but a summons in the nature [Page 13] and forme of a Subpaena, is left at his dwelling house or the last and most usuall place of his aboad; the summons expressing the day when, the time and place where, before whome, at whose suit, of what nature, under what penalty, and if the party summoned shall not appeare, as aforesaid, then shall Proclamation be made in three of the next adjacent Market Townes, to summon the party and command him to appeare within a certaine time limited, and if he then also faile of appearance, if he be within the Land, he shall be out Lawed, and an execution and extent shall issue against him and his goods and estate.
That the Religion publiquely professed and practised in this Common-wealth, shall be the true Protestant Religion, in opposition to Popery, Prelacy, and all other false Religions.
That a well gifted, honest, able Preaching Ministery be set up in every Parish in the Common-wealth, to instruct the people to lead their lives in the feare of God, and in due obedience to the Common wealth.
That the said Parochiall Ministery, shall duly Administer the Sacraments of Baptisme and the Lords Supper unto all their Parishoners, that shall make profession of their faith in God, according to the modell thereof laid downe in the Apostles Creed, and are not otherwise men of openly scandalous conversations, even unto as many of them as shall desire the same.
That those that shall voluntarily and desiredly submit to the publique forme, and Administration of the Ordinances as aforesaid. And those that in [Page 14] respect of scruple consciences shall not, that neither of these disturb each others assemblies or practise of the ordinances, and that the magistrate command that Christian peace to be kept among them, one towards the other.
That the Ministers maintenance be Tithes untill they have obtained more faith to trust God, the Christian Magistrate, and the people for their maintenance in a Gospell way▪
That for the incouragement and advancement of humane learning the Universities of this Nation be kept up and so ordered and regulated that they may be the Nurseries of good literature, and manners, and not of ignorance idlenesse, pride, luxury, irreligion, and other such like sordid vices, and that Latine be commonly spoken in the Schooles, and Colledges, and amongst the Students and Schollars, that our Nation may not be so generally defective that way as they are found to be when they come abroad into forraigne Nations to their great shame.
That care be taken, that the Teachers of all publique Grammer Schooles, be men well principled in the Protestant Religion, and very able Grammarians, and expert Linguists at least in two of the Languages, viz. Latine and Greek.
That in every Market Towne or great Parish, Free-Schooles be set up to instruct and teach poore peoples children of both sexes, at least to read, untill they be fit to be put forth, or placed in services, both which to be at the puplick and common charges.
[Page 15]That no Corporations exercise any laws, customs, usages, or prescriptions contrary to reason, equity, common right, and liberty of every free-born English-man, as is expressed in the great Charter of the Common-wealths constitution.
That any free-born English-man, or native, may set up and use any Mechanicall Trade, Profession, or Occupation, in any City, Town, Corporate, or in any place of this Nation, without exception, whether he have been bound apprentice to it or no.
That any poore Labourer or Trades-man, as aforesaid, may remove his dwelling and family into any place of these Nations, where he finds he can get most work and imployment, for the comfortable subsistance of himselfe and family, without disturbance, or being sent back again, or inforced to give security that he shall not be chargable to the Parish, there being due provision made for all such in the manner here-to-fore mentioned.
We have customs for the maintenance of our Navy, payd upon all imported and exported commodities, and we do also upon necessity of increasing our Navy, above the number of our usuall guard, impose a new Impost, or Excise as we call it, which is no other than the doubling the customs on some, or trebling of it upon other commodities, lesse usefull to the Nation, and more superfluous but all is managed and collected by one and the self-same Set of officers appointed for that purpose by means whereof, very much charge and expence is saved to the Common-wealth, and the Merchant far better contented as being enabled to carry on his businesse and trade with much lesse trouble and perplexity
We have excise also upon Cyder, Ale, and Beer, sold in Innes and Ale-houses after the rate of three shillings the Hogshead, allowing one Hogshead in ten for grounds, and wast Beer, this excise is set, assessed, and assertained on each Inne and Ale-house-keeper by the Justices of Peace of [Page 16] each County annually, when they give Licences to the said Ales-houses.
As also on other customed Ale-houses, having taken the best information possible of the weekely draughts and expence of Beere and Ale sould and expended in every the said-houses, and the summe being thus accounted, reckoned and assertained, the severall Ale-house-keepers shall enter into bond unto the Common-wealth, to pay it quarterly, and the moneys so due and payable, to be received and collected by the Justices of the Peace in their respective devisions, and transmitted by them into the publique treasury; the said Justices of the Peace, at the time of their annuall setting and assertaining of the excise as afore-said, transmitting a true and certaine account of all such summe and summes of money, and from whom they are due and payable unto the Parliament or Counsell of State.
We hold it our interest, if it may any wayes stand with the honour and safety of the Commonwealth, and that we be not justly and unsufferably provoked to the contrary, to have peace with all Forraigne Nations, as finding this most to conduce to the profit and benefit of the Commonwealth, in advancing trade. Ballancing the interests and differences of our Neighbours, rather by our Christian and civill addresses, mediations, and interpositions, than by the Sword; And seeing we [Page 17] have roome enough in the New-sound-World to swarme forth and discharge our selves with safety of our inhabitants, when we grow Populons, thinke it as impolitique, so also un-Christian, to cast away our men and wast our treasure, and to impoverish and in danger our Common-wealth at home, in hopes only of enlarging our Dominions abroad. Wee permit no goods or Marchandise to be imported in forraign bottomes, that are not really and indeed of the growth, production and manufactory of the same Nation, unto whom the said bottome or vessell doth truly appertain, and whereof the master and the greatest part of the ships company be the reall natives and inhabitants of the Country unto which the said vessell belongs, without collusion, upon the confiscation of ship and gaods.
We allow no Monopoly of trades, or farming of any publique revenues it being coutrary to the freedome of the people, as being alwayes oppressive and vexatious to them, and alienating there affections from their Governors.
That the fishing trade here at home on our owne seas, (so greatly neglected) be againe revived, advanced, and encouraged it tending much to the increasing navigation, and enriching of the Nation; witnesse the vast benefit the Hollander, (our industrious neighbours) yearely make of it, which might be our own if we pleased.
The narrow Seas we challenge to be Masters and soveraignes of, by antient and just prescription and though we have peace with our neighbours as aforesaid, yet we constantly maintain a competent number of stately [Page 18] frigots for a Summer and Winter guard, well provided and managed with stout and faithfull Seamen and Commanders as to keep up our said prescription and secure our trade against Pirats, so also to be alwayes ready to occurre any invasion that we may not be surprised without warning, and unnprovided in case our Alleys should prove false and play fast and loose with us, when it will best suite with there owne interest and occasion, which they are very apt to do.
That the Nations of Ireland and Scotland be included and concerned in all the priviledges, rights and immuniteys of the great Charter, we being all reduced into one forme of a Common-wealthes government.
That when, and assoone as it shall please God, that the present supreame authority of this Nation, shall have setled and secured it in some good and convenient measure from forraign feares, intestine insurrections, by peaceable treaties with our neighbours abroad and setling the Malitia in the hands of faithfull persons at home in every County, and have disposed the reception of the publique revenues, and other offices of trust into sure and trusty hands, noe way tainted with the Leaven of Villinage that then some such, or much more just, reasonable, equitable and necessary rules or heads of a reall Common-wealth Government may be considered and drawne up as the magna charta or great Charter, and presented to the people of every Parish, in every County, on the Lords day in the Church after the after noone Sermon, and read to them and ably and plainly for their subscriptions, allowance and free consent: whereunto it cannot be doubted but the most part of the good people of the [Page 19] Nation: (The thing so much concerning their own freedome, and good, when they are thus once made really to understand it) will be Universally forward and free unto it, as seeing themselves thereby put into full posof their hopes and expectations and their subscriptions as aforesaide being sent unto the supreame authority, they forthwith issue writs to summon a new Representative elected and chosen out of the subscribers, who (such only being chusers in each County as aforesaid) may by act of Parliament confirme the soresaid Charter of Government and union of the three Nations in one Common-wealth.
So shall we begin to act again upon such a Basis and foundation in Religion, Law, and reason, as shall be just and undeniable and wipe of the shame of all our former unsteadfastnesse in our engagements to Gad and man.
And the good and honest people in all the three Nations (through Gods mercifull providence) shall fully reape and enjoy the blessed fruit and benifit of all their Prayers, Teares, Vowes, Sufferings, and expence of their blood and treasure. And all the misaffected in the Nations be experimentally convinced that they have opposed that through their passion, preejudice, and ignorance, which can alone make them and their posterity truly happy both as men and as Christians.
The Magna Charta or great Character of the Commonwealth constitution, so agreed upon and subscribed by the major part of the good people of the Nation may be kept in every Parish Church, bound up within the end of the great Church Bible, and read [Page 20] unto the People by the Minister, once every Quarter on the Lords day in the Afternoon, after the Sermon, before the blessing, upon the penalty of the loss of his living.
And thus all hearts being souldred in one, we shall sit down every one under his own Vine and Figtree in tranquillity and peace, none within, or without us being able to make us afraid but we, and much more our posterites singing perpetuall praises unto the Lord the God of ou settlement and deliverance.